DepartmentofAdministration: No.38-0000-1900 ......grounds maintenance such as mowing, watering,...

Dear Senators LODGE, Harris, Stennett, andRepresentatives HARRIS, Armstrong, Smith:

The Legislative Services Office, Research and Legislation, has received the enclosed rules of the

Department of Administration:

IDAPA 38.00.00 - Notice of Omnibus Rulemaking - Temporary and Proposed Rulemaking (DocketNo. 38-0000-1900).

Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the

cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research

and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative

Services. The final date to call a meeting on the enclosed rules is no later than 07/18/2019. If a meeting is

called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis

from Legislative Services. The final date to hold a meeting on the enclosed rules is 08/15/2019.

The germane joint subcommittee may request a statement of economic impact with respect to a

proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement,

and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has

been held.

To notify Research and Legislation, call 334-4854, or send a written request to the address on the

memorandum attached below.

of 1

MEMORANDUM

TO: Rules Review Subcommittee of the Senate State Affairs Committee Committee and the HouseState Affairs Committee Committee

FROM: Principal Legislative Drafting Attorney - Ryan Bush

DATE: June 27, 2019

SUBJECT: Department of Administration

IDAPA 38.00.00 - Notice of Omnibus Rulemaking - Temporary and Proposed Rulemaking (Docket No.38-0000-1900)

The Department of Administration has submitted temporary and proposed rules that reauthorize andre-publish, in full, the following previously approved chapters under IDAPA 38:

38.04.06, Rules Governing Use of the Exterior of State Property in the Capitol Mall and other State Facilities38.04.07, Rules Governing Use of the Interior of State Property in the Capitol Mall and Other State Facilities38.04.08, Rules Governing Use of Idaho State Capitol Exterior38.04.09, Rules Governing Use of the Chinden Office Complex38.05.01, Rules of the Division of Purchasing38.05.02, Rules Governing Contested Case Hearing on Bid Appeals at the Division of Purchasing

These rules were previously analyzed and reviewed by the Legislative Services Office upon their initialpromulgation. No substantive changes from the existing rules have been noted.

cc: Department of AdministrationKeith Reynolds

*** PLEASE NOTE ***Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla-tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety;2) Reject the docket in its entirety; or 3) Reject the docket in part.

Kristin Ford, ManagerResearch & Legislation

Paul Headlee, ManagerBudget & Policy Analysis

April Renfro, ManagerLegislative Audits

Glenn Harris, ManagerInformation Technology

Statehouse, P.O. Box 83720Boise, Idaho 83720–0054

Tel: 208–334–2475www.legislature.idaho.gov

Idaho Administrative Bulletin Page 6171 June 19, 2019 – Vol. 19-6SE

IDAPA 38 – DEPARTMENT OF ADMINISTRATION

DOCKET NO. 38-0000-1900

NOTICE OF OMNIBUS RULEMAKING – TEMPORARY AND PROPOSED RULEMAKING

EFFECTIVE DATE: The effective date of the temporary rules listed in the descriptive summary of this notice isJune 30, 2019.

AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226, Idaho Code, notice is hereby given that thisagency has adopted temporary rules, and proposed rulemaking procedures have been initiated. The action isauthorized pursuant to Sections 67-5709, 67-1604, 16-9205(11), Idaho Code.

PUBLIC HEARING SCHEDULE: Oral comment concerning this rulemaking will be scheduled in accordance withSection 67-5222, Idaho Code.

DESCRIPTIVE SUMMARY: The following is the required finding and concise statement of its supporting reasonsfor adopting a temporary rule and a nontechnical explanation of the substance and purpose of the proposedrulemaking:

This temporary and proposed rulemaking adopts and re-publishes the following existing and previouslyapproved and codified chapters under IDAPA 38, rules of the Idaho Department of Administration:

IDAPA 38• 38.04.06, Rules Governing Use of the Exterior of State Property in the Capitol Mall and other State Facilities• 38.04.07, Rules Governing Use of the Interior of State Property in the Capitol Mall and Other State Facilities• 38.04.08, Rules Governing Use of Idaho State Capitol Exterior• 38.04.09, Rules Governing Use of the Chinden Office Complex• 38.05.01, Rules of the Division of Purchasing• 38.05.02, Rules Governing Contested Case Hearing on Bid Appeals at the Division of Purchasing

TEMPORARY RULE JUSTIFICATION: Pursuant to Sections 67-5226(1) and 67-5226(2), Idaho Code, theGovernor has found that temporary adoption of the rule is appropriate for the following reasons:

These temporary rules are necessary to protect the public health, safety, and welfare of the citizens of Idaho andconfer a benefit on its citizens. These previously approved and codified rules implement the duly enacted laws of thestate of Idaho, provide citizens with the detailed rules and standards for complying with those laws, and assist in theorderly execution and enforcement of those laws. The expiration of these rules without due consideration andprocesses would undermine the public health, safety and welfare of the citizens of Idaho and deprive them of thebenefit intended by these rules. These rules contain provisions for use of the interior and exterior of the Capitol MallOffice Properties, the Capitol Annex, Other State Properties, and Multi-agency Facilities. Chapter 38.05.01 containsprovisions set forth for the Division of Purchasing and identified state agencies to engage in competitive purchasingwith state funds. Chapter 38.05.02 governs the process for Contested Case Hearings on Bid Appeals for stateagencies and the Division of Purchasing.

FEE SUMMARY: This rulemaking does not impose a fee or charge.

FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the stategeneral fund greater than ten thousand dollars ($10,000) during the fiscal year: This rulemaking is not anticipated tohave any fiscal impact on the state general fund because the FY2020 budget has already been set by the Legislature,and approved by the Governor, anticipating the existence of the rules and fees being reauthorized by this rulemaking.

NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was notfeasible because of the need to adopt the rules as temporary, and because these existing chapters of IDAPA are beingre-published and re-authorized. Negotiated rulemaking also is not feasible because of the need to implement theserules before they expire; the rules form the regulatory framework of the laws of this state and have been previouslypromulgated and reviewed by the Legislature pursuant to the Idaho Administrative Procedures Act, Chapter 52, Title67, Idaho Code; and because engaging in negotiated rulemaking for all previously existing rules will inhibit theagency from carrying out its ability to serve the citizens of Idaho and to protect their health, safety, and welfare.

DEPARTMENT OF ADMINISTRATION Docket No. 38-0000-1900IDAPA 38 Omnibus Notice – Temporary/Proposed

Idaho Administrative Bulletin Page 6172 June 19, 2019 – Vol. 19-6SE

INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, incorporated materialmay be obtained or electronically accessed as provided in the text of the temporary and proposed rules attachedhereto.

ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistanceon technical questions concerning the temporary and proposed rule, contact Keith Reynolds at (208) 332-1812.

Anyone may submit written comments regarding the proposed rulemaking. All written comments must bedirected to the undersigned and must be delivered within twenty-one (21) days after publication of this Notice in theIdaho Administrative Bulletin. Oral presentation of comments may be requested pursuant to Section 67-5222(2),Idaho Code, and must be delivered to the undersigned within fourteen (14) days of the date of publication of thisNotice in the Idaho Administrative Bulletin.

Dated this 19th of June, 2019.

Keith ReynoldsDeputy DirectorDepartment of Administration650 West State Street, Room 100P.O. Box 83720Boise ID 83720-0004Phone: (208) 332-1812Fax: (208) 334-2307

Section 000 Page 6173

IDAPA 38TITLE 04

CHAPTER 06

38.04.06 – RULES GOVERNING USE OF THE EXTERIOR OF STATE PROPERTY IN THE CAPITOL MALL AND OTHER STATE FACILITIES

000. LEGAL AUTHORITY.Section 67-5709, Idaho Code, gives the Director of the Department of Administration authority to promulgate rulesgoverning the state properties in the Capitol Mall and other state facilities. (3-27-13)

001. TITLE AND SCOPE.

01. Title. These rules are titled IDAPA 38.04.06, “Rules Governing Use of the Exterior of StateProperty in the Capitol Mall and Other State Facilities.” (3-27-13)

02. Scope. These rules contain the provisions for use of the exterior of the Capitol Mall OfficeProperties, the Capitol Annex, the Parking Facilities, the Other State Properties, and the Multi-agency Facilities.Rules governing the interior of the Capitol Office Mall Properties, the Other State Properties, and the Multi-agencyFacilities are codified under IDAPA 38.04.07, “Rules Governing Use of the Interior of State Property in the CapitolMall and Other State Facilities.” Rules governing the use of the exterior of the Capitol are codified under IDAPA38.04.08, “Rules Governing Use of Idaho State Capitol Exterior.” Rules governing parking are codified under IDAPA38.04.04, “Capitol Mall Parking Rules.” (3-27-13)

002. WRITTEN INTERPRETATIONS.In accordance with Section 67-5201(19)(b)(iv), Idaho Code, this agency may have written statements that pertain tothe interpretation of the rules of this chapter, or to compliance with the rules of this chapter. Any such documents areavailable for public inspection and copying at cost at the Department’s office. (3-27-13)

003. ADMINISTRATIVE APPEALS.These rules do not provide for appeals of the requirements for use of the State Facilities. (3-27-13)

004. INCORPORATION BY REFERENCE.There are no documents that have been incorporated by reference into these rules. (3-27-13)

005. OFFICE – OFFICE HOURS – MAILING AND STREET ADDRESS.The Department principal office is located at 650 West State Street, Boise, Idaho 83702-5972. The mailing address isP.O. Box 83720, Boise, ID 83720-0013. Office hours are 8 a.m. to 5 p.m., Monday through Friday, except stateholidays. The Department’s website address is http://adm.idaho.gov/. (3-27-13)

006. PUBLIC RECORDS ACT COMPLIANCE.All records associated with these rules are subject to the provisions of the Idaho Public Records Act, Title 74, Chapter1, Idaho Code. (3-27-13)

007. -- 009. (RESERVED)

010. DEFINITIONS.

01. Camping. Any activity prohibited under Section 67-1613, Idaho Code. (3-27-13)

02. Capitol Annex. The grounds, exterior of buildings, exterior of improvements, and real propertylocated at 514 West Jefferson Street, Boise, Idaho and occupying block 65 as shown on the Boise City originaltownsite plat filed in the Ada County Recorder’s office in Book 1 on page 1. (3-27-13)

03. Capitol Mall Office Properties. The grounds, exterior of buildings, exterior of improvements, andreal property set forth in Section 67-5709(2)(a) and (b), Idaho Code. The Capitol Mall Office Properties do notinclude the Idaho State Capitol or its grounds or the Capitol Mall Annex. (3-27-13)

http://adm.idaho.gov/

IDAHO ADMINISTRATIVE CODE IDAPA 38.04.06 – Exterior Use of State PropertyDepartment of Administration in Capitol Mall & Other State Facilities

Section 101 174

04. Commemorative Installation. Any statue, monument, sculpture, memorial or landscape featuredesigned to recognize a person, group, event or element of history. (3-27-13)

05. Department. The Department of Administration. (3-27-13)

06. Director. The Director of the Department of Administration or his designee. (3-27-13)

07. Multi-Agency Facilities. The grounds, exterior of buildings, exterior of improvements, and realproperty set forth in Section 102 of these rules. (3-27-13)

08. Other State Properties. The grounds, exterior of buildings, exterior of improvements, and realproperty set forth in Section 101 of these rules. (3-27-13)

09. Parking Facilities. The facilities, exterior of buildings, exterior of improvements, and realproperty set forth in Section 67-5709(2)(b), Idaho Code. (3-27-13)

10. Private Event or Private Exhibit. Any activity sponsored or initiated by a member of the publicthat is open only to invited or qualifying individuals or groups. Private Events and Private Exhibits include, but arenot limited to, weddings, dinners, award ceremonies, memorials, and seminars. (3-27-13)

11. Public Use. Use that is not: (3-18-14)

a. A State Event or Exhibit; (3-18-14)

b. Use by a public officer, official, employee, contractor, agency, or board or commission for state ofIdaho business; or (3-18-14)

c. State Maintenance and Improvements. (3-18-14)

12. Security Personnel. A state of Idaho employee or a staff member of a state of Idaho contractorwhose job duties include monitoring compliance with and enforcing these rules. (3-27-13)

13. State Events and Exhibits. All functions initiated and controlled by any state of Idaho agency,board, commission, officer or elected official acting on behalf of the state of Idaho. (3-27-13)

14. State Facilities. The Capitol Mall Office Properties, the Capitol Annex, the Multi-agencyFacilities, the Parking Facilities and the Other State Properties. Use of the phrase “at the State Facilities” includes theexterior of buildings, exterior of improvements and the grounds and real property comprising the State Facilities.

(3-27-13)

15. State Maintenance and Improvements. Maintenance or improvement of the State Facilities bythe state of Idaho or its contractors. Maintenance for the purpose of this definition includes, but is not limited to,grounds maintenance such as mowing, watering, landscaping, aerating, resodding, fertilizing and planting, andstructural maintenance such as pressure washing, painting, window cleaning and re-glazing. Improvement for thepurpose of this definition includes, but is not limited to, the following: construction of new buildings or portions ofbuildings; renovations to existing buildings; the installation of permanent structures and equipment such as benches,sprinklers, flagpoles, monuments and memorials; and, the installation of temporary equipment and structures such asconstruction fencing, generators and portable buildings. (3-27-13)

011. -- 100. (RESERVED)

101. OTHER STATE PROPERTIES.These rules apply to the following Other State Properties pursuant to the request of the state of Idaho public entityowning or controlling the property: (3-27-13)

01. Idaho State Historical Society Properties. (3-27-13)



a. The following properties owned or operated by the Idaho State Historical Society are OtherProperties under these rules: (3-27-13)

i. Idaho State Historical Museum, located at 610 North Julia Davis Drive, Boise, Idaho. (3-27-13)

ii. Old U.S. Assay Office, located at 210 Main Street, Boise, Idaho. (3-27-13)

iii. Old Penitentiary site located in Boise, Idaho and defined in Section 58-337, Idaho Code. (3-27-13)

iv. Idaho History Center, located at 2205 Old Penitentiary Road, Boise, Idaho. (3-27-13)

v. Franklin Historic Properties, located in Franklin, Idaho. The Franklin Historic Properties includethe Franklin Co-operative Mercantile Institution Building, the Hatch House, the Doney House, and the Relic Hall.

(3-27-13)

vi. Pierce Courthouse, located in Pierce, Idaho. (3-27-13)

vii. Rock Creek Station and Stricker Homesite, located at 3715 Stricker Cabin Road, Hansen, Idaho.(3-27-13)

b. The following sections of these rules apply to the Idaho State Historical Society Properties set forthin Paragraph 101.01.a. of these rules only as modified by this Paragraph 101.01.b.: (3-27-13)

i. Subsection 010.06. “Director” means the Executive Director of the Idaho State Historical Societywhen these rules are applied to the Idaho State Historical Society Properties. (3-27-13)

ii. Subsection 200.01. “Authorized Uses by the Public” applies except that the Director may authorizePrivate Events or Exhibits and the exclusion of members of the public from attending Private Events and Exhibits.For the purpose of this subsection, the grant of a lease or a license is authorization to exclude members of the publicfrom a Private Event or Exhibit. (3-27-13)

iii. Section 302. “Maintenance and Improvements” applies as if the Idaho State Historical Propertieswere Capitol Mall Office Properties unless otherwise designated at the property, or posted on the Idaho StateHistorical Society website. (3-18-14)

iv. Subsection 305.02. “Domestic Animals” applies unless a sign at the property specifies thatdomestic animals are not permitted. (3-27-13)

c. The Idaho State Historical Society Properties set forth in Paragraph 101.01.a. of these rules may belicensed or leased and such license or lease may vary the provisions of these rules applicable to use of the propertyunder this chapter, including but not limited to the following: commercial use; Public Use; Private Events or Exhibits;consumption and distribution of alcohol; affixing of materials to the Idaho State Historical Society Properties; use ofsound amplification; fireworks displays; and, use of utilities. (3-18-14)

102. MULTI-AGENCY FACILITIES.These rules apply to the following Multi-agency Facilities managed and administered by the Department. (3-27-13)

01. Lewiston State Office Building. Lewiston State Office Building, 1118 F Street, Lewiston, Idaho83501. (3-27-13)

02. Idaho Falls State Office Building. Idaho Falls State Office Building, 150 Shoup Avenue, IdahoFalls, Idaho 83401. (3-27-13)

103. -- 199. (RESERVED)

200. USE OF STATE FACILITIES.



01. Authorized Uses by the Public. Except as provided otherwise in these rules, the State Facilitiesare available for Public Use. (3-18-14)

02. Prohibited Uses. The following uses are prohibited at the State Facilities: (3-27-13)

a. Commercial Activity. The State Facilities shall not be used for any activity conducted for profit andno persons shall solicit to sell any merchandise or service at the State Facilities. The following are not commercialactivity prohibited by this subsection: (3-27-13)

i. Meetings or conferences for public employees or their relatives describing employee benefits andapproved by a state of Idaho agency. (3-27-13)

ii. Concessions authorized by law. (3-27-13)

iii. Vaccinations may be provided in exchange for a fee without the prior written permission of theDirector where approved by a state of Idaho agency, board, commission or elected official. (3-27-13)

b. Camping. (3-27-13)

c. Private Events and Exhibits. (3-27-13)

03. Priority of Uses. State Maintenance and Improvements shall have priority over all other use of theState Facilities. (3-18-14)

201. (RESERVED)

202. EQUIPMENT AND SUPPLIES.Except as provided in these rules, the Department will not provide equipment or supplies for use of the StateFacilities. (3-27-13)

203. ESTABLISHMENT OF PERIMETERS.Security Personnel and law enforcement may establish perimeters separating participants in Public Use of the StateFacilities or State Events and Exhibits. Participants in and observers of any Public Use or State Events and Exhibitsshall observe perimeters set pursuant to this section. (3-18-14)

204. AREA CLOSURES.The Director may direct that any portion of the State Facilities be closed for Public Use upon a finding that the closedportion of the State Facilities has sustained damage or is in imminent danger of sustaining damage. The closuredirective shall identify the portion of the State Facilities closed, the damage that has occurred or that will occurwithout closure, and the estimated period of closure to restore or prevent the damage. A notice of closure andinformation on how to obtain a copy of the closure directive shall be posted at the closed portion of the StateFacilities. Circumstances presenting an imminent danger of damage to the State Facilities include, but are not limitedto, the saturation of soil, turf, or landscaped areas with water, excessive foot traffic over landscaped areas, preventingturf or plants from obtaining adequate sunlight, and the buildup of ice or snow on landscaped areas. (3-18-14)

205. -- 299. (RESERVED)

300. RESTRICTIONS AND LIMITATIONS ON USE.The restrictions and limitations on use of the State Facilities set forth in Sections 301 through 399 of these rules shallapply to all Public Use of the State Facilities. (3-18-14)

301. USES INTERFERING WITH ACCESS OR USE OF FACILITY.

01. Interference with Primary Use of Facility or Real Property. Public Use of the State Facilitiesshall not interfere with the primary use of the facility or real property adjoining the facility. The primary uses of theState Facilities include, but are not limited to, public meetings and hearings, court proceedings, and the conduct ofpublic business by agencies or officials of the state of Idaho that normally occupy and use the affected facility or the



real property adjoining the facility. (3-18-14)

02. Interference with Access. Public Use of the State Facilities shall not block fire hydrants, fire oremergency vehicle lanes, vehicular drives, pedestrian walkways, doorways, steps or similar access routes through, inor out of the State Facilities. (3-18-14)

302. MAINTENANCE AND IMPROVEMENTS.Public Use shall not interfere with State Maintenance and Improvements. The Department will publish the regularmaintenance and improvement schedule at the website address set forth in Section 005 of these rules. The regularmaintenance and improvement schedule may be modified due to weather, staffing, emergency repairs, equipmentfailures, funding changes, contract modifications, State Events and Exhibits or other causes arising after theschedule’s publication. (3-18-14)

303. MOTORIZED VEHICLES.Motorized vehicles not owned or operated by the state of Idaho or law enforcement must remain on designatedroadways and parking areas. Parking of motorized vehicles shall be governed by IDAPA 38.04.04, “Capitol MallParking Rules.” Wheelchairs, motorized scooters, and other equipment providing individual mobility to the disabledare not motorized vehicles for the purposes of this section. (3-27-13)

304. BICYCLES, SKATES, SKATEBOARDS, SCOOTERS, AND OTHER NON-MOTORIZEDTRANSPORTATION.Bicycles, skates, skateboards, and scooters may not be used at the State Facilities. Users of all other non-motorizedtransportation must remain on designated pathways during use. Where indicated by a posted notice or whererequested by Security Personnel, law enforcement or a state employee or agent supervising a State Facility, usersmust store non-motorized transportation in a designated storage area on the exterior of a State Facility. Wheelchairsand other equipment providing individual mobility to the disabled are not non-motorized transportation for thepurposes of this section. (3-27-13)

305. ANIMALS.The following shall apply to animals at the State Facilities: (3-27-13)

01. Wildlife. Unless authorized by the Director no person shall: (3-27-13)

a. Interfere with, hunt, molest, harm, frighten, kill, trap, chase, tease, annoy, shoot, or throw anyobject at a wild animal at the State Facilities. (3-27-13)

b. No person shall feed, give, or offer food or any noxious substance to a wild animal at the StateFacilities. (3-27-13)

02. Domestic Animals. (3-27-13)

a. Domestic animals are not allowed at the State Facilities unless leashed and under the control of theperson bringing the animal to the State Facility. (3-27-13)

b. The person bringing the animal to the State Facilities shall have in his possession the equipmentnecessary to remove the animal’s fecal matter and shall immediately remove all fecal matter deposited by the animal.

(3-27-13)

306. LANDSCAPING.Unless authorized by the Director, no person shall: (3-27-13)

01. Plants. Damage, cut, carve, transplant or remove any plant, including but not limited to trees, at theState Facilities. (3-27-13)

02. Grass. Dig in or otherwise damage grass areas at the State Facilities. (3-27-13)

03. Irrigation Equipment. Interfere with, damage or remove irrigation equipment at the State



Facilities. (3-27-13)

04. Landscaping Materials. Move or alter landscaping materials at the State Facilities including, butnot limited to, rock, edging materials, and bark or mulch. (3-27-13)

05. Climbing. Climb or scale buildings, memorials, statues, trees, fences, or improvements at the StateFacilities. (3-27-13)

307. FOOD AND BEVERAGES.Consumption of food and beverages at the State Facilities is subject to the following: (3-27-13)

01. Consumption May Be Prohibited. The consumption of food and beverages may be prohibited bya notice posted at the entrance to all or a portion of the State Facilities. (3-27-13)

02. Alcohol. Alcohol may not be consumed or distributed at the State Facilities. (3-27-13)

308. SMOKING.All persons shall observe the smoke free entrance notices and shall smoke only in designated exterior areas of theState Facilities. (3-27-13)

309. FIRES, CANDLES, AND FLAMES.No fires, candles, or other sources of open flame are permitted at the State Facilities. (3-27-13)

310. POSTERS, PLACARDS, BANNERS, SIGNS, EQUIPMENT, TABLES, MATERIALS, ANDDISPLAYS.

01. Electrical Cords. Electrical cords must be protected by cord covers or gaffers tape to prevent anelectrical or trip hazard. (3-27-13)

02. Railings and Stairways. No items may be placed on railings or stairways and no persons shall sitor stand on railings or stairways. (3-27-13)

03. Tossing or Dropping Items. No items may be tossed or dropped over railings or from one level ofa facility to another level or to the ground. (3-27-13)

04. Ingress or Egress. No item, including tables, chairs, exhibits, equipment, materials, and displaysshall be located so as to block ingress or egress to any portion of the State Facilities, or to restrict the follow ofindividuals using the facility, or to restrict emergency egress or ingress. (3-27-13)

05. Attaching, Affixing, Leaning, or Propping Materials. Posters, placards, banners, signs, anddisplays, including any printed materials, shall not be affixed on any exterior surface of the State Facilities notdesigned for that purpose or on any permanent Commemorative Installation, post, railing, fence or landscaping,including trees. All posters, placards, banners, signs, and displays must be free-standing or supported by individuals.No items may be leaned or propped against any exterior surface of the State Facilities or embedded into the ground,including, but not limited to, placement of a stake, post or rod into the ground to support materials. (3-27-13)

06. Materials Causing Damage to Exterior Surface. Stages, risers, chairs, tables, sound equipment,props, materials, displays, and similar items shall be constructed and used in a manner that will not damage, scratch,dent, dig or tear any surface at the State Facilities or any systems or utilities of the State Facilities including, but notlimited to, fire suppression systems, storm drains, ventilation systems, and landscape watering systems. (3-27-13)

07. Free Distribution of Literature and Printed Material. All literature and printed material must bedistributed at no charge. The party distributing literature and printed material shall ensure periodically and at theconclusion of its use of the State Facilities that such material is not discarded outside of designated trash receptacles.

(3-27-13)

08. Surface Markings. Users shall not use any material to mark on any surface of the State Facilities



including chalk, paint, pens, ink, or dye. (3-27-13)

311. ITEMS SUBJECT TO SEARCH.To enhance security and public safety, Security Personnel or law enforcement may inspect: (3-27-13)

01. Packages and Bags. Packages, backpacks, purses, bags, and briefcases reasonably suspected ofconcealing stolen items or items prohibited by these rules. (3-27-13)

02. Items. Items brought to the State Facilities, if there is a reasonable suspicion that an item may becapable of injuring, damaging or harming persons or property at the State Facilities. (3-27-13)

312. PROHIBITED ITEMS.The following, as defined in Title 18, Chapter 33, Idaho Code, are not permitted at the State Facilities: bombs,destructive devices, shrapnel, weapons of mass destruction, biological weapons, and chemical weapons. SecurityPersonnel or law enforcement may direct that any person at the State Facilities immediately remove from the StateFacilities any club, bat, or other item that can be used to injure, damage, or harm persons or property. (3-27-13)

313. RESERVED

314. UTILITY SERVICE.The public may not use the utility services of the State Facilities other than restrooms; provided, however, theDirector may authorize limited use of electrical service for the duration of Public Use authorized by these rules.Utility services include, but are not limited to, electrical, sewage, water, heating, and geothermal services. TheDirector may terminate the use of utilities if such use interferes with the utility services of the State Facilities or theequipment or apparatus using utility service fails to comply with applicable rules or codes. (3-18-14)

315. LAW ENFORCEMENT AND FACILITY EXIGENCY.In case of a fire, bomb threat, utility malfunction, structural failure or other unforeseen emergency or threatendangering public safety or health, or endangering public property, law enforcement, Security Personnel and stateemployees or officials may direct all persons off of the State Facilities and delay or postpone any activity until theemergency or threat is abated. (3-18-14)

316. COMPLIANCE WITH LAW.All use of the State Facilities shall comply with applicable law including, but not limited to, fire and safety codes.

(3-27-13)

317. HEALTH, SAFETY, AND MAINTENANCE OF STATE FACILITIES.

01. Clean Condition After Use. Users shall leave the State Facilities in reasonably clean conditionafter use, including depositing all trash in designated receptacles. (3-27-13)

02. Items Return to Proper Location. Users shall return all items including, but not limited to,movable furniture and trash receptacles, to their location at the conclusion of the use. (3-18-14)

03. Public Health. No person shall excrete human waste at the State Facilities except in designatedrestroom facilities. For purposes of this section, excrete means the discharge of human waste from the body,including the acts of defecation and urination. For purposes of this section, human waste means human feces orhuman urine. (3-27-13)

04. Fireworks. No person shall possess or use fireworks at the State Facilities. (3-27-13)

318. -- 399. (RESERVED)

400. LIABILITY AND INDEMNIFICATION.

01. State Liability. Nothing in these rules shall extend the liability of the state of Idaho beyond thatprovided in the Idaho Tort Claims Act, Title 6, Chapter 9, Idaho Code. (3-27-13)



02. No Endorsement. Action or inaction of the Department shall not imply endorsement or approvalby the state of Idaho of the actions, objectives or views of participants in Public Use of the State Facilities. (3-18-14)

401. -- 999. (RESERVED)


IDAPA 38TITLE 04

CHAPTER 07

38.04.07 – RULES GOVERNING USE OF THE INTERIOR OF STATE PROPERTY IN THE CAPITOL MALL AND OTHER STATE FACILITIES

000. LEGAL AUTHORITY.Section 67-5709, Idaho Code, gives the Director of the Department of Administration authority to promulgate rulesgoverning the State Properties in the Capitol Mall and other state facilities. (4-4-13)


01. Title. These rules are titled IDAPA 38.04.07, “Rules Governing Use of the Interior of StateProperty in the Capitol Mall and Other State Facilities.” (4-4-13)

02. Scope. These rules contain the provisions for use of the interior of the Capitol Mall OfficeProperties, the Parking Facilities, the Other State Properties, and the Multi-agency Facilities. The interiors of suchfacilities occupied by a tenant under lease may be subject to additional requirements imposed by the tenant. Rulesgoverning the exterior of the Capitol Mall Properties, the Other State Properties, and the Multi-agency Facilities arecodified under IDAPA 38.04.06, “Rules Governing Use of the Exterior of State Property in the Capitol Mall andOther State Facilities.” Rules governing the use of the exterior of the Idaho State Capitol are codified under IDAPA38.04.08, “Rules Governing Use of Idaho State Capitol Exterior.” Rules governing parking are codified under IDAPA38.04.04, “Capitol Mall Parking Rules.” (3-25-16)


003. ADMINISTRATIVE APPEALS.These rules do not provide for appeals of the requirements for use of the Interior State Facilities. (4-4-13)




007. -- 009. (RESERVED)

010. DEFINITIONS.


02. Capitol Annex. The interior of improvements located at 514 West Jefferson Street, Boise, Idaho.(4-4-13)

03. Capitol Mall Office Properties. The interior of improvements set forth in Section 67-5709(2)(a)and (b), Idaho Code. The Capitol Mall Office Properties do not include the Idaho State Capitol or its grounds.

(3-25-16)

04. Common Space. The portion of the Interior State Facility that is not Tenant Space. Common Space


IDAHO ADMINISTRATIVE CODE IDAPA 38.04.07 – Interior Use of State PropertyDepartment of Administration in Capitol Mall and Other State Facilities


includes but is not limited to interior lobbies not within Tenant Space and restrooms not accessed through TenantSpace. Common Space does not include Tenant Space or any area marked “private,” “no admission,” “staff only,” orsimilarly designated as not open to the public. (4-4-13)



07. Interior State Facilities. The interior spaces within the Capitol Mall Office Properties, the ParkingFacilities, the Multi-agency Facilities, and the Other State Properties. (3-25-16)

08. Multi-Agency Facilities. The interior of buildings and improvements set forth in Section 102 ofthese rules. (4-4-13)

09. Other State Properties. The interior of buildings and improvements set forth in Section 101 ofthese rules. (4-4-13)

10. Parking Facilities. The interior of improvements set forth in Section 67-5709(2)(b), Idaho Code.(4-4-13)


12. State Business Day. Monday through Friday, excluding the holidays set forth in Section 73-108,Idaho Code. (4-4-13)

13. Tenant Space. The portion of the Interior State Facilities occupied by a state of Idaho officer,official, agency, board or commission or leased to a public agency or a private individual or entity. (4-4-13) 011. -- 100. (RESERVED)

101. OTHER STATE PROPERTIES.These rules apply to the following Other State Properties pursuant to the request of the state of Idaho public entityowning or controlling the property: (4-4-13)

01. Idaho State Historical Society Properties. (4-4-13)

a. The interior of the following properties owned or operated by the Idaho State Historical Society areOther Properties under these rules: (4-4-13)

i. Idaho State Historical Museum, located at 610 North Julia Davis Drive, Boise, Idaho. (4-4-13)

ii. Old U.S. Assay Office, located at 210 Main Street, Boise, Idaho. (4-4-13)

iii. Old Penitentiary site located in Boise, Idaho and defined in Section 58-337, Idaho Code. (4-4-13)

iv. Idaho History Center, located at 2205 Old Penitentiary Road, Boise, Idaho. (4-4-13)

v. Franklin Historic Properties, located in Franklin, Idaho. The Franklin Historic Properties includethe Franklin Co-operative Mercantile Institution Building, the Hatch House, the Doney House, and the Relic Hall.

(4-4-13)

vi. Pierce Courthouse, located in Pierce, Idaho. (4-4-13)

vii. Rock Creek Station and Stricker Homesite, located at 3715 Stricker Cabin Road, Hansen, Idaho.(4-4-13)



b. The following sections of these rules apply to the Idaho State Historical Society Properties set forthin Paragraph 101.01.a. of these rules only as modified by this Paragraph 101.01.b.: (4-4-13)

i. Subsection 010.06. “Director” means the Executive Director of the Idaho State Historical Societywhen these rules are applied to the Idaho State Historical Society Properties. (4-4-13)

ii. Subsection 200.01. “Authorized Uses by the Public” applies except that the Director may authorizepublic or private uses of the interior of the Idaho Historical Society Properties and the exclusion of members of thepublic from attending such events. For the purpose of this subsection, the grant of a lease or a license is authorizationto exclude members of the public from the interior of the Idaho Historical Society Properties.

(4-4-13)

iii. Section 302. “Hours and Locations of Use” applies as if the Idaho State Historical Properties wereCapitol Mall Office Properties unless other hours of use or access restrictions are designated at the property, or postedon the Idaho State Historical Society website. (4-4-13)

c. The Idaho State Historical Society Properties set forth in Paragraph 101.01.a. of these rules may belicensed or leased and such license or lease may vary the provisions of these rules applicable to use of the propertyunder this chapter, including but not limited to the following: hours of use; authorized uses; consumption anddistribution of alcohol; affixing of materials to the Idaho State Historical Society Properties; use of soundamplification; and, use of utilities. (4-4-13)

102. MULTI-AGENCY FACILITIES.These rules apply to the following Multi-agency Facilities managed and administered by the Department: (4-4-13)

01. Lewiston State Office Building. 1118 F Street, Lewiston, Idaho 83501. (4-4-13)

02. Idaho Falls State Office Building. 150 Shoup Avenue, Idaho Falls, Idaho 83401. (4-4-13)

103. -- 199. (RESERVED)

200. USE OF INTERIOR STATE FACILITIES.

01. Authorized Uses by the Public. Public access to the Interior State Facilities is limited to theconduct of business with a tenant. Public access to the Tenant Space is limited to the conduct of business with thetenant. (4-4-13)

02. Prohibited Uses. The following uses are prohibited at the Interior State Facilities: (4-4-13)

a. Events. The Interior State Facilities shall not be used by the public for press conferences,performances, ceremonies, presentations, meetings, rallies, receptions or gatherings. (4-4-13)

b. Exhibits. The Interior State Facilities shall not be used by the public for attended or unattendeddisplays, including but not limited to equipment, machines, vehicles, products, samples, paintings, sculptures, artsand crafts, photographs, signs, banners or other graphic displays. (4-4-13)

c. Commercial Activity. The Common Space shall not be used for any activity conducted for profitand no persons shall solicit to sell any merchandise or service in the Common Space. (4-4-13)

201. -- 299. (RESERVED)

300. RESTRICTIONS AND LIMITATIONS ON USE.Except as otherwise provided, the restrictions and limitations on use of the Interior State Facilities set forth inSections 301 through 399 of these rules shall apply to all use of the Interior State Facilities. (4-4-13)




01. Interference With Primary Use of Facility or Real Property. No person shall interfere with theprimary use of the Interior State Facilities. The primary uses of the Interior State Facilities include but are not limitedto public meetings and hearings, court proceedings, and the conduct of public business by agencies or officials of thestate of Idaho that normally occupy and use Interior State Facilities and the conduct of business by a tenant of a statefacility. (4-4-13)

02. Interference With Access. No person shall block fire hydrants, fire or emergency vehicle lanes,vehicular drives, pedestrian walkways, doorways, steps or similar access routes through, in or out of the Interior StateFacilities. (4-4-13)

302. HOURS AND LOCATIONS OF USE.

01. Capitol Mall Office Properties and Multi-Agency Facilities. The hours for public access to theinterior of the Capitol Mall Office Properties and the Multi-agency Facilities are 8 a.m. to 5 p.m. on State BusinessDays. (4-4-13)

02. Parking Facilities. The hours of use of the Parking Facilities shall be governed by IDAPA38.04.04, “Capitol Mall Parking Rules.” (4-4-13)

303. BICYCLES, SKATES, SKATEBOARDS, SCOOTERS, AND OTHER NON-MOTORIZEDTRANSPORTATION.Bicycles, skates, skateboards, scooters, and other non-motorized transportation may not be used in the Interior StateFacilities. Where indicated by a posted notice or where requested by Security Personnel, law enforcement or a stateemployee or agent supervising a state facility, users must store non-motorized transportation in a designated storagearea on the exterior of a state facility. Child strollers and wheelchairs and other equipment providing individualmobility to the disabled are not non-motorized transportation for the purposes of this section. (4-4-13)

304. ANIMALS.Animals are not allowed at the Interior State Facilities unless the animal is a service animal necessary to assistpersons with disabilities or an animal in the service of law enforcement. Service animals must be leashed and underthe control of the person bringing the animal to the Interior State Facilities. The person bringing the animal to theInterior State Facilities shall have in his possession the equipment necessary to remove the animal’s urine and fecalmatter and shall immediately remove all urine and fecal matter deposited by the animal. (4-4-13)

305. FOOD AND BEVERAGES.Consumption of food and beverages at the Interior State Facilities is subject to the following: (4-4-13)

01. Consumption May Be Prohibited. The consumption of food and beverages may be prohibited bya notice posted at the entrance to all or a portion of the Interior State Facilities. (4-4-13)

02. Alcohol. Alcohol may not be consumed or distributed in the Common Space. (4-4-13)

306. SMOKING.Smoking is not allowed in the Interior State Facilities. (4-4-13)

307. FIRES, CANDLES, AND FLAMES.No fires, candles or other sources of open flame are permitted in the Interior State Facilities. (4-4-13)

308. LIMITS ON USE OF COMMON SPACE.The following provisions apply to the Common Space. (4-4-13)






04. Ingress or Egress. No item, including tables, chairs, exhibits, equipment, materials, and displaysshall be located so as to block ingress or egress to any portion of the Interior State Facilities, or to restrict the followof individuals using the facility, or to restrict emergency egress or ingress. (4-4-13)

05. Attaching, Affixing, Leaning or Propping Materials. Posters, placards, banners, signs, anddisplays, including any printed materials, shall not be affixed on any interior surface of the Common Space notdesigned for that purpose. No items may be leaned or propped against any interior surface of the Common Space.

(4-4-13)

06. Materials Causing Damage to Interior Surface. Stages, risers, chairs, tables, sound equipment,props, materials, displays, and similar items shall be constructed and used in a manner that will not damage, scratch,dent, dig or tear any surface in the Common Space or any systems or utilities of the Interior State Facilities, includingbut not limited to fire suppression systems, drains, ventilation systems, and lighting systems. (4-4-13)

309. ITEMS SUBJECT TO SEARCH.To enhance security and public safety, Security Personnel and law enforcement may inspect: (4-4-13)


02. Items. Items brought to the Interior State Facilities, if there is a reasonable suspicion that an itemmay be capable of injuring, damaging or harming persons or property at the Interior State Facilities. (4-4-13)

310. PROHIBITED ITEMS.The following, as defined in Title 18, Chapter 33, Idaho Code, are not permitted at the State Facilities; bombs,destructive devices, shrapnel, weapons of mass destruction, biological weapons, and chemical weapons. SecurityPersonnel or law enforcement may direct that any person at the State Facilities immediately remove from the StateFacilities any club, bat or other item that can be used to injure, damage, or harm persons or property at the InteriorState Facilities. (4-4-13)

311. UTILITY SERVICE.The public may not use the utility services of the Interior State Facilities except restrooms. (4-4-13)

312. LAW ENFORCEMENT AND FACILITY EXIGENCY.In case of a fire, bomb threat, utility malfunction, structural failure or other unforeseen emergency or threatendangering public safety or health, or endangering public property, law enforcement, Security Personnel and stateemployees or officials may direct all persons out of the Interior State Facilities and delay or postpone any activityuntil the emergency or threat is abated. (4-4-13)

313. COMPLIANCE WITH LAW.All use of the Interior State Facilities shall comply with applicable law, including but not limited to fire and safetycodes. (4-4-13)

314. MAINTENANCE OF INTERIOR STATE FACILITIES.

01. Clean Condition After Use. Users shall leave the Interior State Facilities in reasonably cleancondition after use, including depositing all trash in designated receptacles. (4-4-13)

02. Items Return to Proper Location. Users shall return all items, including but not limited tomovable furniture and trash receptacles to their location at the conclusion of use. (4-4-13)

315. -- 999. (RESERVED)


IDAPA 38TITLE 04

CHAPTER 08

38.04.08 – RULES GOVERNING USE OF IDAHO STATE CAPITOL EXTERIOR

000. LEGAL AUTHORITY.Section 67-1604, Idaho Code, gives the Director of the Department of Administration authority to promulgate rulesgoverning access to and use by the public of the capitol building and its grounds. Section 67-5709, Idaho Code, givesthe Director authority to promulgate rules governing certain public facilities. (3-27-13)


01. Title. These rules are titled IDAPA 38.04.08, “Rules Governing Use of Idaho State CapitolExterior.” (3-27-13)

02. Scope. These rules contain the provisions for use of the exterior of the Idaho State Capitol. Rulesgoverning the exterior of the other state facilities are codified under IDAPA 38.04.06, “Rules Governing Use of theExterior of State Property in the Capitol Mall and Other State Facilities.” Rules governing the interior of the CapitolMall properties, other state properties, and the multi-agency facilities are codified under IDAPA 38.04.07, “RulesGoverning Use of Interior State Property in the Capitol Mall and Other State Facilities.” Rules governing parking arecodified under IDAPA 38.04.04, “Capitol Mall Parking Rules.” (3-27-13)


003. ADMINISTRATIVE APPEALS.These rules provide for appeals of the denial of a Permit under Section 403 of these rules. (3-27-13)




007. -- 009. (RESERVED)

010. DEFINITIONS.





05. Jefferson Steps. The building entrance at the second floor of the State Capitol, the steps extendingfrom the entrance, and the hard surface extending between the steps and the public sidewalk along Jefferson Street.


IDAHO ADMINISTRATIVE CODE IDAPA 38.04.08Department of Administration Use of Idaho State Capitol Exterior


(3-27-13)

06. Permit. A written authorization issued by the Director allowing use of the State Capitol Exterior asset forth in the Permit. A Permit serves as a reservation to use a portion of the State Capitol Exterior with the priorityfor use set forth in Subsection 200.04 of these rules. (3-27-13)




b. Use by a public officer, official, employee, contractor, agency, or board or commission for state ofIdaho business; or (3-18-14)

c. State Maintenance and Improvements. (3-18-14)



11. State Capitol Exterior. The exterior of the Idaho State Capitol, the real property, the grounds, andthe improvements on the exterior of the Idaho State Capitol or its grounds, all of which is located at capitol square asidentified on the Boise City original townsite plat filed in the Ada County Recorder’s office in book 1 on page 1. TheState Capitol Exterior is bounded by the following streets: State Street, Sixth Street, Jefferson Street, and EighthStreet. (3-27-13)


13. State Maintenance and Improvements. Maintenance or improvement of the State CapitolExterior by the state of Idaho or its contractors. Maintenance for the purpose of this definition includes, but is notlimited to, grounds maintenance such as mowing, watering, landscaping, aerating, resodding, fertilizing and planting,and structural maintenance such as pressure washing, painting, window cleaning and re-glazing. Improvement for thepurpose of this definition includes, but is not limited to, the following: construction of new buildings or portions ofbuildings; renovations to existing buildings; the installation of permanent structures and equipment such as benches,sprinklers, flagpoles, monuments and memorials; and, the installation of temporary equipment and structures such asconstruction fencing, generators and portable buildings. (3-27-13)

011. -- 199. (RESERVED)

200. USE OF STATE CAPITOL EXTERIOR.

01. Authorized Uses by the Public. Except as provided otherwise in these rules, the State CapitolExterior is available for Public Use. (3-18-14)

02. Prohibited Uses. The following uses are prohibited in the State Capitol Exterior: (3-27-13)

a. Commercial Activity. The State Capitol Exterior shall not be used for any activity conducted forprofit and no persons shall solicit to sell any merchandise or service on the State Capitol Exterior. (3-27-13)

b. Camping. (3-27-13)



c. Private Events and Private Exhibits. (3-27-13)

03. Priority of Uses. State Maintenance and Improvements shall have priority over all other use of theState Capitol Exterior. Public Use held under a Permit shall have priority over other Public Use. (3-18-14)

201. (RESERVED)

202. EQUIPMENT AND SUPPLIES.Except as provided in these rules, the Department will not provide equipment or supplies for use on the State CapitolExterior. Where requested in a Permit application for use of the Jefferson Street Steps, the Department may provide apodium and a public address system. (3-27-13)

203. ESTABLISHMENT OF PERIMETERS.Security personnel and law enforcement may establish perimeters separating participants in Public Use of the StateCapitol Exterior or State Events or Exhibits. Participants in and observers of any Public Use or State Events orExhibits shall observe perimeters set pursuant to this section. (3-18-14)

204. AREA CLOSURES.The Director may direct that any portion of the State Capitol Exterior be closed for Public Use upon a finding that theclosed portion of the State Capitol Exterior has sustained damage or is in imminent danger of sustaining damage. Theclosure directive shall identify the portion of the State Capitol Exterior closed, the damage that has occurred or thatwill occur without closure, and the estimated period of closure to restore or prevent the damage. A notice of closureand information on how to obtain a copy of the closure directive shall be posted at the closed portion of the StateCapitol Exterior. Circumstances presenting an imminent danger of damage to the State Capitol Exterior include, butare not limited to, the saturation of soil, turf, or landscaped areas with water, excessive foot traffic over landscapedareas, preventing turf or plants from obtaining adequate sunlight, and the buildup of ice or snow on landscaped areas.

(3-18-14)

205. -- 299. (RESERVED)

300. RESTRICTIONS AND LIMITATIONS ON USE.The restrictions and limitations on use of the State Capitol Exterior set forth in Sections 301 through 399 of theserules shall apply to all Public Use of the State Capitol Exterior. (3-18-14)


01. Interference With Primary Use of State Capitol Exterior. Events, exhibits, and Public Use ofthe State Capitol Exterior shall not interfere with the primary use of the Idaho State Capitol or the adjacent realproperty and improvements. The primary use of the Idaho State Capitol includes, but is not limited to, the conduct ofpublic business by agencies or officials of the state of Idaho that normally occupy and use the Idaho State Capitol orthe State Capitol Exterior. (3-18-14)

02. Interference With Access. Public Use of the State Capitol Exterior shall not block fire hydrants,fire or emergency vehicle lanes, vehicular drives, pedestrian walkways, doorways, steps or similar access routesthrough, in or out of the State Capitol Exterior. (3-18-14)

302. LOCATIONS.

01. Locations. In addition to limitations on the interference with access set forth in Section 301 ofthese rules and compliance with all fire and safety codes, Public Use on the State Capitol Exterior shall be: (3-18-14)

a. On the Jefferson Street Steps or on hard surfaces, including concrete and granite, on the StateCapitol Exterior; and (3-18-14)

b. At least fifteen (15) feet from the exterior walls and windows of the Idaho State Capitol. (3-18-14)

303. MAINTENANCE AND IMPROVEMENTS.



Public Use shall not interfere with State Maintenance and Improvements. The Department will publish the regularmaintenance and improvement schedule at the website address set forth in Section 005 of these rules. The regularmaintenance and improvement schedule may be modified due to weather, staffing, emergency repairs, equipmentfailures, funding changes, contract modifications, State Events and Exhibits or other causes arising after theschedule’s publication. (3-18-14)

304. MOTORIZED VEHICLES.Motorized vehicles not owned or operated by the state of Idaho or law enforcement must remain on designatedroadways and parking areas. Parking of motorized vehicles shall be governed by IDAPA 38.04.04, “Capitol MallParking Rules.” Wheelchairs, motorized scooters, and other equipment providing individual mobility to the disabledare not motorized vehicles for the purposes of this section. (3-27-13)

305. BICYCLES, SKATES, SKATEBOARDS, SCOOTERS, AND OTHER NON-MOTORIZEDTRANSPORTATION.Bicycles, skates, skateboards, and scooters may not be used on the State Capitol Exterior. Users of all other non-motorized transportation must remain on designated pathways during use. Where indicated by a posted notice orwhere requested by Security Personnel, law enforcement or a state employee or agent supervising the State CapitolExterior, users must store non-motorized transportation in a designated storage area on the State Capitol Exterior.Wheelchairs and other equipment providing individual mobility to the disabled are not non-motorized transportationfor the purposes of this section. (3-27-13)

306. ANIMALS.The following shall apply to animals on the State Capitol Exterior: (3-27-13)


a. Interfere with, hunt, molest, harm, frighten, kill, trap, chase, tease, annoy, shoot or throw any objectat a wild animal on the State Capitol Exterior. (3-27-13)

b. No person shall feed, give or offer food or any noxious substance to a wild animal on the StateCapitol Exterior. (3-27-13)


a. Domestic animals are not allowed on the State Capitol Exterior unless leashed and under thecontrol of the person bringing the animal to the State Capitol Exterior. (3-27-13)

b. The person bringing the animal to the State Capitol Exterior shall have in his possession theequipment necessary to remove the animal’s fecal matter and shall immediately remove all fecal matter deposited bythe animal. (3-27-13)

307. LANDSCAPING.No person other than state employees or contractors designated by the Director shall: (3-27-13)

01. Plants. Damage, cut, carve, transplant or remove any plant including, but not limited to, trees, onthe State Capitol Exterior. (3-27-13)

02. Grass. Dig in or otherwise damage grass areas on the State Capitol Exterior. (3-27-13)

03. Irrigation Equipment. Interfere with, damage or remove irrigation equipment on the State CapitolExterior. (3-27-13)

04. Landscaping Materials. Move or alter landscaping materials on the State Capitol Exteriorincluding, but not limited to, rock, edging materials, and bark or mulch. (3-27-13)

05. Climbing. Climb or scale buildings, Commemorative Installations, trees, fences, posts or otherimprovements on the State Capitol Exterior. (3-27-13)



308. FOOD AND BEVERAGES.Consumption of food and beverages on the State Capitol Exterior is subject to the following: (3-27-13)

01. Consumption May Be Prohibited. The consumption of food and beverages may be prohibited bya notice posted at the entrance to all or a portion of the State Capitol Exterior. (3-27-13)

02. Alcohol. Alcohol may not be consumed or distributed on the State Capitol Exterior. (3-27-13)

309. SMOKING.All persons shall observe the smoke free entrance notices and shall smoke only in designated areas of the StateCapitol Exterior. (3-27-13)

310. FIRES, CANDLES, AND FLAMES.No fires, candles or other sources of open flame are permitted on the State Capitol Exterior. (3-27-13)



02. Railings. No items may be placed on railings and no persons shall sit or stand on railings.(3-27-13)

03. Tossing or Dropping Items. No items may be tossed or dropped over railings or from one level ofthe Idaho State Capitol or improvements on the grounds of the State Capitol Exterior to another level or to the ground.

(3-27-13)

04. Ingress or Egress. No item, including tables, chairs, exhibits, equipment, materials, and displaysshall be located so as to block ingress or egress to any portion of the State Capitol Exterior, or to restrict the follow ofindividuals using the facility, or to restrict emergency egress or ingress. (3-27-13)

05. Attaching, Affixing, Leaning or Propping Materials. Posters, placards, banners, signs, anddisplays, including any printed materials, shall not be affixed on any exterior surface of the State Capitol Exterior oron any permanent Commemorative Installation, post, railing, fence or landscaping, including trees. All posters,placards, banners, signs, and displays must be free-standing or supported by individuals. No items may be leaned orpropped against any exterior surface of the State Capitol Exterior or embedded into the ground including, but notlimited to, placement of a stake, post or rod into the ground to support materials. (3-27-13)

06. Materials Causing Damage to Surfaces. Stages, risers, chairs, tables, sound equipment, props,materials, displays, and similar items shall be constructed and used in a manner that will not damage, scratch, dent,dig or tear any surface on the State Capitol Exterior or any systems or utilities of the State Capitol Exterior including,but not limited to, fire suppression systems, storm drains, ventilation systems, and landscape watering systems.

(3-27-13)

07. Free Distribution of Literature and Printed Material. All literature and printed material must bedistributed at no charge. The party distributing literature and printed material shall ensure periodically and at theconclusion of its use of the State Capitol Exterior that such material is not discarded outside of designated trashreceptacles. (3-27-13)

08. Surface Markings. Users shall not use any material to mark on any surface of the State CapitolExterior including chalk, paint, pens, ink, or dye. (3-27-13)

312. ITEMS SUBJECT TO SEARCH.To enhance security and public safety, Security Personnel and law enforcement may inspect: (3-27-13)




02. Items. Items brought onto the State Capitol Exterior, if there is a reasonable suspicion that an itemmay be capable of injuring, damaging or harming persons or property on the State Capitol Exterior. (3-27-13)

313. PROHIBITED ITEMS.The following, as defined in Title 18, Chapter 33, Idaho Code, are not permitted at the State Capitol Exterior: bombs,destructive devices, shrapnel, weapons of mass destruction, biological weapons, and chemical weapons. SecurityPersonnel or law enforcement may direct that any person at the State Capitol Exterior immediately remove from theState Capitol Exterior any club, bat, or other item that can be used to injure, damage, or harm persons or property.

(3-27-13)

314. UTILITY SERVICE.The public may not use the utility services of the State Capitol Exterior other than restrooms; provided, however, theDirector may authorize limited use of electrical service for the duration of Public Use authorized by these rules.Utility services include, but are not limited to, electrical, sewage, water, heating, and geothermal services. TheDirector may terminate the use of utilities if such use interferes with the utility services of the State Capitol Exterioror the equipment or apparatus using utility service fails to comply with applicable rules or codes. (3-18-14)

315. LAW ENFORCEMENT AND FACILITY EXIGENCY.In case of a fire, bomb threat, utility malfunction, structural failure or other unforeseen emergency or threatendangering public safety or health, or endangering public property, law enforcement, security personnel and stateemployees or officials may direct all persons off of the State Capitol Exterior and delay or postpone any activity untilthe emergency or threat is abated. (3-18-14)

316. COMPLIANCE WITH LAW.All use of the State Capitol Exterior shall comply with applicable law including, but not limited to, fire and safetycodes. (3-27-13)

317. HEALTH, SAFETY AND MAINTENANCE OF STATE FACILITIES.

01. Clean Condition After Use. Users shall leave the State Capitol Exterior in reasonably cleancondition after use, including depositing all trash in designated receptacles. (3-27-13)

02. Items Return to Proper Location. Users shall return all items including, but not limited to,movable furniture and trash receptacles, to their location at the conclusion of the event or exhibit. (3-18-14)

03. Public Health. No person shall excrete human waste at the State Capitol Exterior except indesignated restroom facilities. For purposes of this section, excrete means the discharge of human waste from thebody, including the acts of defecation and urination. For purposes of this section, human waste means human feces orhuman urine. (3-27-13)

04. Fireworks. No person shall possess or use fireworks on the State Capitol Exterior. (3-27-13)

318. -- 399. (RESERVED)

400. PERMITS.

01. Use Without a Permit. A Permit grants a reservation providing priority for use of the areaspecified in the Permit as set forth in Subsection 200.04 of these rules. Applicants desiring to obtain a Permit for useof the State Capitol Exterior outside of the Permit areas, hours or duration or who have not submitted an applicationwithin the application period may use the State Capitol Exterior, subject to the provisions of these rules, on a first-come, first used basis. Permits will be issued to groups of two (2) or more people. (3-18-14)

02. Permit Areas, Hours and Duration, and Number of Participants. (3-18-14)



a. The Director will consider and grant Permits only for Public Use of the Jefferson Street Steps.(3-18-14)

b. The Director will issue Permits reserving use of the Jefferson Street Steps only for the periodbetween the hours of 7 a.m. and 6 p.m. on State Business Days. (3-18-14)

c. The duration of a Permit will not exceed four (4) consecutive hours. (3-27-13)

d. The Director will issue a Permit only for Public Use involving two (2) or more persons. (3-18-14)

03. Application Period. Permit applications must be received and complete at least two (2) StateBusiness Days prior to the requested date and time period of the Permit. The Department will not accept applicationssubmitted more than six (6) months prior to the requested date of the Permit. (3-18-14)

04. Validity. Permits are valid only for the dates, times, and locations specified on the Permit asapproved by the Director. (3-27-13)

05. Distribution. Permits shall be granted by the Director on a first-come, first-served basis, subject toSubsection 200.03 of these rules. Only one (1) Permit will be granted for the Jefferson Street Steps during any periodof time. (3-27-13)

06. Application Requirements. Applications for a Permit shall be in writing on a form prescribed bythe Director and available at the office of the Division of Public Works and the Department’s website. The Directorwill only process applications that are complete and signed by the individual making a request or an authorizedrepresentative of the entity or organization making the request. The Director may make reasonable inquiry to confirmthe accuracy of the application and the authority of the party signing the application. (3-27-13)

07. Conditions. The Director may impose reasonable conditions on the use of the State CapitolExterior in the Permit for the purpose of protecting persons and property. Conditions may include the acquisition ofliability insurance and a bond as security for costs arising from the use. (3-27-13)

08. Transferability. Permits are non-transferable. (3-27-13)

401. APPROVALS AND DENIALS OF A PERMIT APPLICATION.

01. Period for Approval or Denial. The Department will approve or deny a complete applicationwithin two (2) State Business Days of the submission of the application. (3-18-14)

02. Basis for Denial. Permits may be denied for one (1) or more of the following: (3-27-13)

a. A Permit has been granted for all or part of the requested location during all or part of the requestedtime period. (3-27-13)

b. A public entity or official will be using all or part of the requested location during all or part of therequested time period. (3-27-13)

c. The requested use would violate any provision of these rules or applicable law. (3-27-13)

d. These rules do not authorize the use for the location or times requested or do not authorize theissuance of a Permit for the location requested. (3-27-13)

e. The Permit application is incomplete, contains a material falsehood, or contains a materialmisrepresentation. (3-27-13)

f. The Permit applicant has not certified that the applicant will comply with these rules or applicablelaw. (3-27-13)



g. The party signing the application is not legally competent to bind themselves or the organization orentity submitting the application. (3-27-13)

h. The individual, organization or entity submitting the application: (3-27-13)

i. Failed to pay costs or damages arising from an earlier use of any state facility; (3-27-13)

ii. Made a material misrepresentation regarding the nature or scope of the use on a prior Permitapplication; (3-27-13)

iii. Violated the terms of prior Permits issued to the individual, organization or entity; or (3-27-13)

iv. Violated any applicable law in the course of previous Public Use of state of Idaho facilities.(3-18-14)

i. The requested use would cause a clear and present danger to the orderly processes of state of Idahogovernment or to the use of the State Capitol Exterior due to advocacy of: (3-27-13)

i. The violent overthrow of the government of the United States, the state of Idaho, or any politicalsubdivision thereof; (3-27-13)

ii. The willful damage or destruction, or seizure and subversion of public property; (3-27-13)

iii. The forcible disruption or impairment of or interference with the regularly schedule functions ofthe state of Idaho; (3-27-13)

iv. The physical harm, coercion, intimidation or other invasions of the lawful rights of public officialsor the public; or (3-27-13)

v. Other disorders of a violent nature. (3-27-13)

402. REVOCATION OF A PERMIT.A Permit may be revoked by the Director for the violation of any term or condition of the Permit or the violation oflaw including, but not limited to, the violation of any provision of these rules. (3-27-13)

403. APPEALS.

01. Time for Appeal. The individual or the organization or entity submitting an application mayrequest that the Department initiate a contested case within the period set forth below. The Department will notinitiate a contested case after the following periods. (3-27-13)

a. Seven (7) State Business Days following the written denial of an application for a Permit.(3-27-13)

b. Seven (7) State Business Days following the revocation of a Permit. (3-27-13)

c. Seven (7) State Business Days following the date the Department was required to approve or denythe application for a Permit pursuant to Subsection 401.01 of these rules. (3-27-13)

02. Requesting an Appeal. The individual or the organization or entity submitting an application shallrequest an appeal in writing, with a physical copy delivered to the Director at the address set forth in Section 005 ofthese rules. Electronic delivery shall not be deemed a physical copy. The written request shall contain the following:

(3-27-13)

a. The name, address, and contact information of the appellant; (3-27-13)

b. A concise statement of the reason the appeal should be granted; (3-27-13)



c. Whether the appellant requests informal disposition to expedite the contested case; and (3-27-13)

d. A description of the Permit sought. (3-27-13)

03. Informal Disposition. If an appellant requests informal disposition, the Director will acceptwritten evidence submitted within five (5) State Business Days of the appeal request, or as otherwise agreed by theDirector and the appellant. The Director will issue a final written order affirming, reversing or modifying the denialor revocation of the Permit. (3-27-13)

04. Contested Cases. If an appellant does not request informal disposition, the Director will schedule ahearing and proceed as set forth in Title 67, Chapter 52, Idaho Code. Contested cases will be governed by theprovisions of IDAPA 04.11.01, “Idaho Rules of Administrative Procedure of the Attorney General.” (3-27-13)

05. Judicial Review. Judicial review of orders issued in an appeal is provided as set forth in Title 67,Chapter 52, Idaho Code. (3-27-13)

404. -- 499. (RESERVED)

500. LIABILITY AND INDEMNIFICATION.


02. No Endorsement. The grant of a Permit and any action or inaction of the Department shall notimply endorsement or approval by the state of Idaho of the actions, objectives or views of participants in Public Useof the State Facilities. (3-18-14)

501. -- 999. (RESERVED)


IDAPA 38TITLE 04

CHAPTER 09

38.04.09 – RULES GOVERNING USE OF THE CHINDEN OFFICE COMPLEX

000. LEGAL AUTHORITY.Section 67-5709, Idaho Code, gives the Director of the Department of Administration authority to manage statefacilities and to promulgate rules governing state facilities. (4-11-19)


01. Title. These rules are titled IDAPA 38.04.09, “Rules Governing Use of the Chinden OfficeComplex.” (4-11-19)

02. Scope. These rules contain the provisions for use of the exterior and interior of the Chinden OfficeComplex. (4-11-19)


003. ADMINISTRATIVE APPEALS.These rules do not provide for appeals of the requirements for use of the Chinden Office Complex. (4-11-19)




007. -- 009. (RESERVED)

010. DEFINITIONS.


02. Chinden Office Complex. The Chinden Office Complex is bounded to the north by West ChindenBoulevard, to the west by North Cloverdale Road, to the east by North Five Mile Road, and to the south by the Jones-Stiburek, Orchid Point, De Meyer Estates No. 7, Hickories No. 1, 9 and 12, Hickories East and EMS AvenueSubdivisions. The following buildings and the grounds adjacent to such buildings located in Boise, Idaho shall be theChinden Office Complex under these rules: (4-11-19)

a. 11301 West Chinden Boulevard, identified as Building 1 of the Chinden Office Complex.(4-11-19)

b. 11311 West Chinden Boulevard, identified as Building 3 of the Chinden Office Complex.(4-11-19)

c. 11321 West Chinden Boulevard, identified as Building 2 of the Chinden Office Complex.(4-11-19)


IDAHO ADMINISTRATIVE CODE IDAPA 38.04.09Department of Administration Use of the Chinden Office Complex


d. 11331 West Chinden Boulevard, identified as Building 8 of the Chinden Office Complex.(4-11-19)

e. 11341 West Chinden Boulevard, identified as Building 4 of the Chinden Office Complex.(4-11-19)

f. 11351 West Chinden Boulevard, identified as Building 6 of the Chinden Office Complex.(4-11-19)

g. 11361 West Chinden Boulevard, identified as Building 7 of the Chinden Office Complex.(4-11-19)

h. 11371 West Chinden Boulevard, identified as Building 5 of the Chinden Office Complex.(4-11-19)


04. Common Space. The portion of the Chinden Office Complex that is not Tenant Space. CommonSpace includes but is not limited to interior lobbies not within Tenant Space and restrooms not accessed throughTenant Space. Common Space does not include Tenant Space or any area marked “private,” “no admission,” “staffonly” or similarly designated as not open to the public. (4-11-19)






b. Use by a public officer, official, employee, contractor, agency, or board or commission for state ofIdaho business; (4-11-19)

c. State Maintenance and Improvements; or (4-11-19)

d. Use by a Tenant. (4-11-19)

09. Recreational Facilities. Facilities designated by the Director for Recreational Use. (4-11-19)

10. Recreational Use. Use for leisure or athletic purposes such as picnicking and sports practices orinformal sports games. (4-11-19)






14. State Maintenance and Improvements. Maintenance or improvement of the Chinden OfficeComplex by the state of Idaho or its contractors. Maintenance for the purpose of this definition includes, but is notlimited to, grounds maintenance such as mowing, watering, landscaping, aerating, turf installation and repair,fertilizing and planting, and structural maintenance such as pressure washing, painting, and window cleaning and re-glazing. Improvement for the purpose of this definition includes, but is not limited to, the following: construction ofnew buildings or portions of buildings; renovations to existing buildings; the installation of permanent structures andequipment such as benches, sprinklers, flagpoles, monuments and memorials; and, the installation of temporaryequipment and structures such as construction fencing, generators and portable buildings. (4-11-19)

15. Tenant. A state of Idaho officer, official, agency, board or commission or a public agency or aprivate individual or entity with a license or lease to use the Chinden Office Complex. (4-11-19)

16. Tenant Space. The portion of the exterior of the Chinden Office Complex licensed or leased to aprivate individual or entity and the portion of the interior of the Chinden Office Complex occupied by a state of Idahoofficer, official, agency, board or commission or leased to a public agency or a private individual or entity. (4-11-19)

011. – 199. (RESERVED)

200. USE OF THE CHINDEN OFFICE COMPLEX.

01. Authorized Uses by the Public. Except as provided otherwise in these rules, the Chinden OfficeComplex is available for Public Use. (4-11-19)

02. Prohibited Uses. The following uses are prohibited at the Chinden Office Complex: (4-11-19)

a. Commercial Activity. The Chinden Office Complex shall not be used for any activity conducted forprofit and no persons shall solicit to sell any merchandise or service at the Chinden Office Complex. The followingare not commercial activity prohibited by this subsection: (4-11-19)

i. Meetings or conferences for public employees or their relatives describing employee benefits andapproved by a state of Idaho agency. (4-11-19)

ii. Concessions authorized by law. (4-11-19)

iii. Vaccinations may be provided in exchange for a fee without the prior written permission of theDirector where approved by a state of Idaho agency, board, commission or elected official. (4-11-19)

iv. The conduct of business by a Tenant. (4-11-19)

b. Camping. (4-11-19)

c. Private Events and Exhibits, except use of the Recreational Facilities as authorized by these rules.(4-11-19)

d. Use by the public for press conferences, performances, ceremonies, presentations, meetings, rallies,receptions or gatherings. (4-11-19)

e. Use by the public for attended or unattended displays, including but not limited to equipment,machines, vehicles, products, samples, paintings, sculptures, arts and crafts, photographs, signs, banners or othergraphic displays. (4-11-19)

03. Public Access to Interior. Public access to the interior of the buildings at the Chinden OfficeComplex and to exterior Tenant Space at the Chinden Office Complex is limited to the conduct of business with theTenant. (4-11-19)

04. Priority of Uses. State Maintenance and Improvements shall have priority over all other use of theChinden Office Complex. (4-11-19)



201. HOURS OF USE.

01. Hours for Use by the Public. The hours for public access to the exterior of the Chinden OfficeComplex are from sunrise to sunset. The hours for public access to interior Common Space shall be as posted on thepublic entrance to each building at the Chinden Office Complex. (4-11-19)

02. Public Parking Hours. Unless approved by the Director, the public shall not park motorizedvehicles overnight at the Chinden Office Complex. (4-11-19)

202. USE OF RECREATIONAL FACILITIES.The Director may authorize reservation of Recreational Facilities under this subsection by a Tenant and the exclusionof members of the public from use of Recreational Facilities during reserved periods. Unless reserved by a Tenant,Recreational Facilities are available for Recreational Use by the public on a first-come, first-used basis from sunriseto sunset daily. (4-11-19)

203. EQUIPMENT AND SUPPLIES.Except as provided in these rules, the Department will not provide equipment or supplies for use of the ChindenOffice Complex. (4-11-19)

204. ESTABLISHMENT OF PERIMETERS.Security personnel and law enforcement may establish perimeters separating participants in Public Use of theChinden Office Complex or State Events and Exhibits. Participants in and observers of any Public Use or StateEvents and Exhibits shall observe perimeters set pursuant to this section. (4-11-19)

205. AREA CLOSURES.The Director may direct that any portion of the Chinden Office Complex be closed for Public Use upon a finding thatthe closed portion of the Chinden Office Complex has sustained damage or is in imminent danger of sustainingdamage. The closure directive shall identify the portion of the Chinden Office Complex closed, the damage that hasoccurred or that will occur without closure, and the estimated period of closure to restore or prevent the damage. Anotice of closure and information on how to obtain a copy of the closure directive shall be posted at the closed portionof the Chinden Office Complex. Circumstances presenting an imminent danger of damage to the Chinden OfficeComplex include, but are not limited to, the saturation of soil, turf or landscaped areas with water, excessive foottraffic over landscaped areas, preventing turf or plants from obtaining adequate sunlight, and the buildup of ice orsnow on landscaped areas. (4-11-19)

206. – 299. (RESERVED)

300. RESTRICTIONS AND LIMITATIONS ON USE.The restrictions and limitations on use of the Chinden Office Complex set forth in Sections 301 through 399 of theserules shall apply to all Public Use of the Chinden Office Complex. The lease or license of Tenant Space may varythese rules for use by the Tenant, its employees, and its invited guests. (4-11-19)


01. Interference with Primary Use of Facility or Real Property. Public Use of the Chinden OfficeComplex shall not interfere with the primary use of the facility or real property adjoining the facility. The primaryuses of the Chinden Office Complex include, but are not limited to, the conduct of business by private Tenants leasingor licensing a portion of the Chinden Office Complex, public meetings and hearings, court proceedings, and theconduct of public business by agencies or officials of the state of Idaho that normally occupy and use the affectedfacility or the real property adjoining the facility. (4-11-19)

02. Interference with Access. Public Use of the Chinden Office Complex shall not block fire hydrants,fire or emergency vehicle lanes, vehicular drives, pedestrian walkways, doorways, steps or similar access routesthrough, in or out of the Chinden Office Complex. (4-11-19)

302. MAINTENANCE AND IMPROVEMENTS.



Public Use shall not interfere with State Maintenance and Improvements. The Department will publish the regularmaintenance and improvement schedule at the website address set forth in Section 005 of these rules. The regularmaintenance and improvement schedule may be modified due to weather, staffing, emergency repairs, equipmentfailures, funding changes, contract modifications, State Events and Exhibits or other causes arising after theschedule’s publication. (4-11-19)

303. MOTORIZED VEHICLES.Motorized vehicles parked outside of designated parking areas may be towed without notice at the vehicle owner’sexpense. Public parking at the Chinden Office Complex is limited to the period the operator or passengers are usingthe Chinden Office Complex. Wheelchairs, motorized scooters, and other equipment providing individual mobility tothe disabled are not motorized vehicles for the purposes of this section. (4-11-19)

304. SKATES, SKATEBOARDS, SCOOTERS, AND OTHER NON-MOTORIZEDTRANSPORTATION.Skates, skateboards, and scooters may not be used at the Chinden Office Complex. Users of all other non-motorizedtransportation must remain on roadways or designated pathways during use. Where indicated by a posted notice orwhere requested by Security Personnel, law enforcement or a state employee or agent supervising the Chinden OfficeComplex, users must store non-motorized transportation in a designated storage area on the exterior of the ChindenOffice Complex. Wheelchairs and other equipment providing individual mobility to the disabled are not non-motorized transportation for the purposes of this section. (4-11-19)

305. ANIMALS.The following shall apply to animals at the Chinden Office Complex: (4-11-19)


a. Interfere with, hunt, molest, harm, frighten, kill, trap, chase, tease, annoy, shoot, or throw anyobject at a wild animal at the Chinden Office Complex. (4-11-19)

b. No person shall feed, give, or offer food or any noxious substance to a wild animal at the ChindenOffice Complex. (4-11-19)


a. Domestic animals are not allowed at the Chinden Office Complex unless leashed and under thecontrol of the person bringing the animal to the Chinden Office Complex. (4-11-19)

b. The person bringing the animal to the Chinden Office Complex shall have in his possession theequipment necessary to remove the animal’s fecal matter and shall immediately remove all fecal matter deposited bythe animal. (4-11-19)

c. Persons bringing domestic animals to the Chinden Office Complex shall not permit the animal toswim or wade in irrigation ponds or canals at the Chinden Office Complex. (4-11-19)

306. LANDSCAPING.Unless authorized by the Director, no person shall: (4-11-19)

01. Plants. Damage, cut, carve, transplant or remove any plant, including but not limited to trees, at theChinden Office Complex. (4-11-19)

02. Grass. Dig in or otherwise damage grass areas at the Chinden Office Complex. (4-11-19)

03. Irrigation Equipment. Interfere with, damage or remove irrigation equipment at the ChindenOffice Complex. (4-11-19)

04. Landscaping Materials. Move or alter landscaping materials at the Chinden Office Complexincluding, but not limited to, rock, edging materials, and bark or mulch. (4-11-19)



05. Climbing. Climb or scale buildings, memorials, statues, trees, fences, or improvements at theChinden Office Complex. (4-11-19)

307. FOOD AND BEVERAGES.Consumption of food and beverages at the Chinden Office Complex is subject to the following: (4-11-19)

01. Consumption May Be Prohibited. The consumption of food and beverages may be prohibited bya notice posted at the entrance to all or a portion of the Chinden Office Complex. (4-11-19)

02. Alcohol. Alcohol may not be consumed or distributed in the Common Space. (4-11-19)

308. SMOKING.All persons shall observe the smoke free entrance notices and shall smoke only in designated exterior areas of theChinden Office Complex. (4-11-19)

309. FIRES, CANDLES, AND FLAMES.Except in designated barbecue facilities, no fires, candles, or other sources of open flame are permitted at the ChindenOffice Complex. (4-11-19)





04. Ingress or Egress. No item, including tables, chairs, exhibits, equipment, materials, and displaysshall be located so as to block ingress or egress to any portion of the Chinden Office Complex, or to restrict the flowof individuals or motor vehicles using the facility, or to restrict emergency egress or ingress. (4-11-19)

05. Attaching, Affixing, Leaning, or Propping Materials. Materials, including posters, placards,banners, signs, displays, including any printed materials, ropes, and chains shall not be affixed on any exterior surfaceof the Chinden Office Complex not designed for that purpose or on any permanent commemorative installation, post,railing, fence or landscaping, including trees. All posters, placards, banners, signs, and displays must be free-standingor supported by individuals. No items may be leaned or propped against any exterior surface of the Chinden OfficeComplex or embedded into the ground, including, but not limited to, placement of a stake, post or rod into the groundto support materials. (4-11-19)

06. Materials Causing Damage to Exterior Surface. Stages, risers, chairs, tables, sound equipment,props, materials, displays, and similar items shall be constructed and used in a manner that will not damage, scratch,dent, dig or tear any surface at the Chinden Office Complex or any systems or utilities of the Chinden OfficeComplex including, but not limited to, fire suppression systems, storm drains, ventilation systems, and landscapewatering systems. (4-11-19)

07. Distribution of Literature and Printed Material. All literature and printed material must bedistributed at no charge. The party distributing literature and printed material shall ensure periodically and at theconclusion of its use of the Chinden Office Complex that such material is not discarded outside of designated trashreceptacles. Literature and printed materials shall not be placed on parked vehicles at the Chinden Office Complex.

(4-11-19)

08. Surface Markings. Users shall not use any material to mark on any surface of the Chinden Office



Complex including chalk, paint, pens, ink, or dye. (4-11-19)

09. Removal of Items. All items brought to the Chinden Office Complex by the public shall beremoved prior to the expiration of each day’s hours of use by the public. Unless items are subject to report andtransfer to the state treasurer as unclaimed property pursuant to Idaho law, the Director may authorize disposal ofitems left at the Chinden Office Complex. (4-11-19)

311. ITEMS SUBJECT TO SEARCH.To enhance security and public safety, security personnel or law enforcement may inspect: (4-11-19)


02. Items. Items brought to the Chinden Office Complex, if there is a reasonable suspicion that an itemmay be capable of injuring, damaging or harming persons or property at the Chinden Office Complex. (4-11-19)

312. PROHIBITED ITEMS.The following, as defined in Title 18, Chapter 33, Idaho Code, are not permitted at the Chinden Office Complex:bombs, destructive devices, shrapnel, weapons of mass destruction, biological weapons, and chemical weapons.Security personnel or law enforcement may direct that any person at the Chinden Office Complex immediatelyremove from the Chinden Office Complex any club, bat, or other item that can be used to injure, damage, or harmpersons or property. (4-11-19)

313. (RESERVED)

314. UTILITY SERVICE.The public may not use the utility services of the Chinden Office Complex other than restrooms; provided, however,the Director may authorize limited use of electrical service for the duration of Public Use authorized by these rules.Utility services include, but are not limited to, electrical, sewage, water, and heating services. The Director mayterminate the use of utilities if such use interferes with the utility services of the Chinden Office Complex or theequipment or apparatus using utility service fails to comply with applicable rules or codes. (4-11-19)

315. LAW ENFORCEMENT AND FACILITY EXIGENCY.In case of a fire, bomb threat, utility malfunction, structural failure or other unforeseen emergency or threatendangering public safety or health, or endangering public property, law enforcement, security personnel and stateemployees or officials may direct all persons off of the Chinden Office Complex and delay or postpone any activityuntil the emergency or threat is abated. (4-11-19)

316. COMPLIANCE WITH LAW.All use of the Chinden Office Complex shall comply with applicable law including, but not limited to, fire and safetycodes. (4-11-19)

317. HEALTH, SAFETY, AND MAINTENANCE OF CHINDEN OFFICE COMPLEX.

01. Clean Condition After Use. Users shall leave the Chinden Office Complex in reasonably cleancondition after use, including depositing all trash in designated receptacles. (4-11-19)

02. Items Return to Proper Location. Users shall return all items including, but not limited to,movable furniture and trash receptacles, to their location at the conclusion of the use. (4-11-19)

03. Public Health. No person shall excrete human waste at the Chinden Office Complex except indesignated restroom facilities. For purposes of this section, excrete means the discharge of human waste from thebody, including the acts of defecation and urination. For purposes of this section, human waste means human feces orhuman urine. (4-11-19)

04. Fireworks. No person shall possess or use fireworks at the Chinden Office Complex. (4-11-19)



05. Use of Waterways. No person shall swim, fish, or wade in waterways at the Chinden OfficeComplex. (4-11-19)

318. -- 399. (RESERVED)

400. LIABILITY.


02. No Endorsement. Action or inaction of the Department shall not imply endorsement or approvalby the state of Idaho of the actions, objectives or views of participants in Public Use of the Chinden Office Complex.

(4-11-19)

401. – 999. (RESERVED)


IDAPA 38TITLE 05

CHAPTER 01

38.05.01 – RULES OF THE DIVISION OF PURCHASING

000. LEGAL AUTHORITY.The following rules are promulgated in accordance with Section 67-9205(11), Idaho Code, by the administrator of thedivision of purchasing. (4-7-11)


01. Title. These rules are titled IDAPA 38.05.01, “Rules of the Division of Purchasing,” Department ofAdministration, IDAPA 38, Title 05, Chapter 01. (3-15-02)

02. Scope. These rules shall be utilized by any other state agency acquiring property under these rulesor through delegated authority. (3-15-02)

002. WRITTEN INTERPRETATIONS.In accordance with Section 67-5201(19)(b)(iv), Idaho Code, this agency may have written statements that pertain tothe interpretation of these rules or to the documentation of compliance with these rules. Any such documents areavailable for public inspection and copying at cost in the office of this agency. (3-15-02)

003. ADMINISTRATIVE APPEALS.Administrative appeals are governed by Section 67-9232, Idaho Code, and, for contested cases, IDAPA 38.05.02,“Rules Governing Contested Case Hearings on Bid Appeals at the Division of Purchasing.” (4-2-08)

004. INCORPORATION BY REFERENCE.There are no documents incorporated by reference in this chapter. (3-15-02)

005. OFFICE – OFFICE HOURS – MAILING AND STREET ADDRESS.The Division of Purchasing is located at 304 N. 8th Street, Room 403, Boise, ID 83702-5818. The division’s mailingaddress is P.O. Box 83720, Boise, ID 83720-0075. Office hours are 8 a.m. to 5 p.m., Monday through Friday, exceptstate holidays. The Division’s website address is http://adm.idaho.gov/ (4-6-15)

006. CITATION.The official citation of this chapter is IDAPA 38.05.01.000 et sequence. For example, this section’s citation is IDAPA38.05.01.006. (3-15-02)

007. -- 010. (RESERVED)

011. DEFINITIONS.Unless defined otherwise in these rules, the definitions set forth in Section 67-9203, Idaho Code, apply to this chapter.

(3-29-17)

01. Administrator. The administrator of the division of purchasing. (3-29-17)

02. Alternate. Property or services that are not at least a functional equal in features, performance oruse of the brand, model or specification designated as the standard. (3-15-02)

03. Brand Name or Equal Specification. A specification that uses a brand name to describe thestandard of quality, performance or other characteristics being solicited and that invites the submission of equivalentproducts. (3-29-17)

04. Brand Name Specification. A specification calling for one (1) or more products by manufacturers’names or catalogue numbers. (3-29-17)

05. Buyer. An employee of the division of purchasing designated as a buyer, contract-administrator,


IDAHO ADMINISTRATIVE CODE IDAPA 38.05.01Department of Administration Rules of the Division of Purchasing


purchasing agent, contracting officer, or similar designation by the administrator, including, where appropriate, theadministrator and other management personnel. The term also includes authorized employee(s) of a purchasingauthority. (3-29-17)

06. Competitive Negotiation. Procedure by which the buyer negotiates with one (1) or moreresponsive offerors in accordance with the provisions of an invitation to negotiate. (3-20-19)

07. Concession Services. The granting by the purchasing authority of a right, franchise, authority,property interest or option to a contractor, regardless of whether an expenditure of state or other funds occurs.

(3-29-17)

08. Consultant Services. Work, rendered by either individuals or firms who possess specializedknowledge, experience, and expertise to investigate assigned problems or projects and to provide counsel, review,design, development, analysis or advice in formulating or implementing programs or services or improvements inprograms or services, including but not limited to such areas as management, personnel, finance, accounting andplanning. The consultant’s services, opinions or recommendations will be performed according to the consultant’smethods without being subject to the control of the agency except as to the result of the work. (3-29-17)

09. Contract Administration. Actions taken related to changes to contracts, including amendments,renewals and extensions; as well as receipt, review and retaining of the contract and contract-related documents; andexercise of remedies. (3-29-17)

10. Contract Management. Actions taken to ensure that both the agency and contractor comply withthe requirements of the contract. Includes some functions related to solicitation development and contractdevelopment and close-out; also includes, but is not limited to regular monitoring of the contractor’s day-to-dayperformance, evaluation of deliverables, invoice review, payment approval, progress tracking, regular statusmeetings, and management of state-owned property and other resources used in contract performance management.

(3-29-17)

11. Director. The chief officer of the department of administration. (3-15-02)

12. Division. The division of purchasing of the department of administration as established by Section67-9204, Idaho Code. Whenever a purchase is made by the division on behalf of another agency, the division shall bedeemed to be acting as the agent for such agency. (3-15-02)

13. Document. When used in these rules, may include electronic documents. (3-15-02)

14. Equal. Property that meets or exceeds the quality, performance and use of the brand, model orspecifications in the invitation to bid, request for proposals or request for quote. (3-20-19)

15. Formal Sealed Procedure. Procedure by which the buyer solicits competitive sealed bids orcompetitive sealed proposals by means of an invitation to bid or request for proposals. (3-15-02)

16. Informal Solicitation. Procedure by which the buyer solicits informal competitive quotes bymeans of a request for quote. (3-29-17)

17. Invitation to Bid. All documents, whether attached or incorporated by reference, utilized forsoliciting formal sealed bids. (3-29-17)

18. Invitation to Negotiate. All documents, whether attached or incorporated by reference, utilized forsoliciting proposals for a competitive negotiation. (3-20-19)

19. Offeror. A vendor who has submitted a response to a request for proposals or invitation tonegotiate for property to be acquired by the state. (3-20-19)

20. Open Contract. A contract awarded by the state of Idaho through the division of purchasing to one(1) or more vendors who have agreed to allow all agencies to purchase specified property under the terms and



conditions set forth in the contract. (3-29-17)

21. Professional Services. Work rendered by an independent contractor whose occupation is therendering of such services and who has a professional knowledge of some department of learning or science used byits practical application to the affairs of others or in the practice of an art founded on it, including but not limited toaccounting and auditing, legal, medical, nursing, education, actuarial, veterinarian, information technology andresearch. The knowledge is founded upon prolonged and specialized intellectual training that enables a particularservice to be rendered. The word “professional” implies professed attainments in special knowledge as distinguishedfrom mere skills. (3-29-17)

22. Proposal. A written response including pricing information to a request for proposals thatdescribes the solution or means of providing the property requested and which proposal is considered an offer toperform a contract in full response to the request for proposals. Price may be an evaluation criterion for proposals, butwill not necessarily be the predominant basis for contract award. When used in conjunction with an invitation tonegotiate, a proposal may or may not initially include pricing information, as provided in the solicitation. (3-20-19)

23. Public Agency. Has the meaning set forth in Section 67-2327, Idaho Code. (3-15-02)

24. Purchase. The act of acquiring or procuring property for state use or the result of an acquisitionaction. (3-15-02)

25. Purchase Order. Notification to the contractor to provide the stated property under the terms andconditions set forth in the purchase order. It may include the form of the state’s acceptance of a vendor’s quote,proposal or bid. See also definition of contract. (3-29-17)

26. Purchasing Authority. The division or an agency exercising authority based on a delegation ofauthority by the administrator to an individual or an agency; or as otherwise provided under these rules to engage inthe conduct of purchasing. (3-29-17)

27. Quote. An offer to supply property in response to a request for quote and generally used forinformal solicitation procedures. (3-29-17)

28. Request for Proposals. Includes all documents, whether attached or incorporated by reference,utilized for soliciting competitive proposals as a component of the formal sealed procedure and is generally utilized inthe acquisition of services or other complex purchases. (3-29-17)

29. Request for Quote. The document, form or method generally used for purchases solicited inaccordance with informal solicitation procedures. (3-29-17)

30. Requisition. A standard state or agency specific form that serves as a purchasing request and thatrequests that the purchasing authority acquire the property. (3-29-17)

31. Sealed. Includes invitations to bid and requests for proposals electronically sealed and submitted inaccordance with requirements or standards set by the division and bids and proposals manually sealed and submitted.

(3-29-17)

32. Sealed Procedure Limit. That dollar amount, as established by these rules, above which theformal sealed procedure will be used. The amount may be lowered by the administrator to maintain full disclosure orcompetitive purchasing or otherwise achieve overall state efficiency and economy. (3-29-17)

33. Small Purchase. An acquisition that costs less than the sealed procedure limit. (3-15-02)

34. Solicitation. An invitation to bid, a request for proposals, request for quote or other document orcommunication issued by the purchasing authority for the purpose of soliciting bids, proposals, or quotes to performa contract. (3-29-17)

35. Specifications. The explicit property to be acquired by the state. Specifications include the scope



of work and the performance and physical characteristics of property. (3-29-17)

36. State. The state of Idaho including each agency unless the context implies other states of the UnitedStates. (3-29-17)

37. Telecommunications. All present and future forms of hardware, software or services used orrequired for transmitting voice, data, video or images. (3-29-17)

38. Written. When used in these rules, may include an electronic writing. (3-15-02)

012. PRESERVATION OF RECORDS.Records of a purchasing authority, which are created or held pursuant to these rules, may be kept in such format asprescribed by the purchasing authority responsible for record retention; and otherwise in accordance with recordpreservation and retention policies established by the agency designated by the legislature for such purpose.

(3-20-19)

013. FORM OF COMMUNICATION.Any written communication authorized or required by these rules may be provided electronically, or in anotherformat as designated by the administrator. (3-20-19)

014. -- 020. (RESERVED)

021. DELEGATION OF AUTHORITY OF ADMINISTRATOR.Whenever a purchase is made by the division of purchasing on behalf of another agency, the division shall be deemedto be acting as the agent for such agency. The division shall administer the acquisition of all property for agenciesexcept those for which the agencies have separate statutory purchasing authority. The administrator may delegate inwriting such authority as deemed appropriate to employees of the division, an agency or employees of an agency.Such delegations shall remain in effect unless modified or until revoked in writing. All delegations must be given inwriting prior to the acquisition of the property. All acquisitions under delegated authority must be made according tothese purchasing rules, the policies developed by the division, and the conditions established by the administrator inthe delegation. Delegations shall be subject to periodic reporting and review as directed by the administrator.

(3-29-17)

01. Manner of Submission. Request for delegated purchasing authority must be submitted in writing,on a form and in a manner established by the administrator. (3-29-17)

02. Accompaniments to Application. Application for authority must be accompanied by thefollowing: (3-29-17)

a. Documentation that the proposed designee demonstrates sufficient purchasing knowledge andability to accommodate the agency’s particular needs; (3-29-17)

b. A demonstrated need for the dollar limit of authority requested; (3-29-17)

c. An agency purchasing manual outlining internal operational processes and procedures related tothe conduct of purchasing within the agency; and (3-29-17)

d. A written plan for continual training for staff which includes routine participation in trainingsessions, workshops and conferences offered by the division. (3-29-17)

03. Policy. The administrator will establish a delegated purchasing authority policy applicable to alldesignees; and may place additional conditions on individual delegated authority, in order to ensure consistency inthe procurement process as well as proper oversight and compliance with state purchasing code, rules and applicablepolicy. (3-29-17)

04. Designee Responsibility. Agency designee(s) are responsible for all procurement-related activitiesconducted for designee’s agency under authority delegated by the administrator. (3-29-17)



05. Sub-delegation. Designees may sub-delegate purchasing authority within their respective agenciesconsistent with the designee’s capacity to monitor and oversee such activity. (3-29-17)

06. Authority Not Transferable. Authority is not transferable and will automatically terminate whenthe designee leaves the employment of the requesting agency; however, an agency may apply to the administrator forthe immediate designation of an interim designee to exercise delegated purchasing authority for a time period notexceeding ninety (90) days, subject to conditions outlined by the administrator, relative to the purchasing competencyof the interim designee. (3-29-17)

07. Quarterly Review. The administrator will review the activities of a designee with delegatedpurchasing authority on no less than a quarterly basis. (3-29-17)

08. Failure to Comply. Failure to comply with the conditions included in the written authorizationprovided by the administrator may result in immediate rescission of authority, increased monitoring, reduction inauthority level, additional training, or other action deemed appropriate by the administrator to ensure compliancewith purchasing code, rules and applicable policy. (3-29-17)

022. -- 030. (RESERVED)

031. COOPERATIVE PURCHASING POLITICAL SUBDIVISIONS.The various bid statutes relating to municipal corporations, school districts, and counties may authorize these politicalsubdivisions to utilize any contract entered into by the state. A public agency may use open contracts as authorized bystatute and the terms of the open contract; and the state may otherwise cooperate with political subdivisions in theacquisition of property. (3-29-17)

032. ACQUISITION OF CONCESSION SERVICES.If there is no expenditure of state funds, the acquisition of concession services, including but not limited to,exclusive-rights contracts, franchises, vending services, options, pouring contracts, service contracts, advertisingcontracts, broadcast rights to sporting events or other similar types of property, may be conducted by each purchasingauthority as it determines to be in its best interest; provided, however, concessions within the definition of a foodservice facility set forth in Section 67-6902, Idaho Code, shall comply with the provisions of Title 67, Chapter 69,Idaho Code. The purchasing authority is encouraged to utilize a competitive process if determined to be in its bestinterest. (3-29-17)

033. PURCHASE OF TELECOMMUNICATIONS OR INFORMATION TECHNOLOGY PROPERTY.Unless otherwise exempted by statute or these rules, all agency requests exceeding the sealed procedure limit fortelecommunications or information technology property must be reviewed and approved by the office of informationtechnology services within the office of the governor before submission to the division. It is the requesting agency’sresponsibility to attach any approvals to any requisitions submitted to the division. Acquisitions of these types ofproperty are subject to these rules and so agencies should plan in advance to allow for review by the office ofinformation technology services. All acquisitions of telecommunications and information technology property willconform to the guidelines and policies established or adopted by the governing or policy board or council created bystatute or directive for the purpose of information technology oversight or review. (3-29-17)

034. PUBLIC NOTICE.Public notice of all solicitations shall be made in accordance with Section 67-9208, Idaho Code. Notice ofsolicitations shall be posted electronically unless the administrator exempts the solicitation from the requirement topost to the state’s electronic procurement (e-procurement) system, as provided in Section 044 of these rules. Notice ofsole source acquisitions shall be posted electronically, and otherwise in accordance with Section 67-9221, IdahoCode. (3-29-17)

035. -- 040. (RESERVED)

041. PROCEDURE FOLLOWED IN THE SOLICITATION OF BIDS AND PROPOSALS.Except as otherwise provided, the acquisition of property exceeding one hundred thousand dollars ($100,000) (thesealed procedure limit) shall be by the formal sealed procedure. All vendors submitting responses to solicitations



issued by the state must be qualified. All vendors are qualified unless disqualified as defined by Section 67-9217,Idaho Code. (4-7-11)

042. EXCEPTIONS TO COMPETITION.Purchases meeting the following criteria need not be purchased by competitive solicitation, unless otherwise directedby the administrator: (3-29-17)

01. Emergency Purchases. Emergency purchases as authorized by Section 67-9221, Idaho Code, andSection 043 of these rules. (3-29-17)

02. Sole Source Purchases. Sole source purchases made through direct solicitation with documentedsource selection, in accordance with Section 67-9221, Idaho Code, and Section 045. (3-15-02)

03. Reverse Auctions. Purchases through reverse public auctions as authorized by Section 67-9221,Idaho Code. (3-15-02)

04. Federal Government Acquisitions. Acquisitions from the United States of America or any agencythereof. (3-15-02)

05. Contracts with Other Public Agencies. Contracts with other public agencies as defined in Section67-2327, Idaho Code, and authorized by Section 67-2332, Idaho Code. (3-20-19)

06. Rehabilitation Agency Acquisitions. Acquisitions of property that is provided by non-profitcorporations and public agencies operating rehabilitation facilities serving the handicapped and disadvantaged andthat is offered for sale at fair market price as determined by the administrator in accordance with these rules.

(3-15-02)

07. Correctional Industries. Purchases of property marketed directly by Correctional Industries inaccordance with Section 20-245, Idaho Code. (3-29-17)

08. Purchases from General Services Administration Federal Supply Contractors. Acquisitions ofproperty may be made from General Services Administration federal supply contractors without the use ofcompetitive bid upon written approval of the administrator. The administrator shall determine whether such propertymeets the requesting agency’s requirements and whether the price of acquisition is advantageous to the state. Theadministrator shall commemorate the determination in a written statement that shall be incorporated in the applicablefile. If the administrator determines that the acquisition of property from General Services Administration contractorsis not advantageous to the state, the acquisition shall be in accordance with competitive solicitation procedures andrequirements. (3-29-17)

09. Existing Open Contracts. Except as provided in these rules, property available under thesecontracts shall be purchased under such contracts in accordance with the provisions or requirements for use thereof.

(3-29-17)

10. Exempt Purchases. By written policy the administrator may exempt from the formal sealedprocedure or the requirement for competitive solicitation that property for which bidding is impractical,disadvantageous or unreasonable under the circumstances. (3-29-17)

a. Examples include, but are not limited to: (3-15-02)

i. Special market conditions; (3-15-02)

ii. Property requiring special contracting procedures due to uniqueness; (3-15-02)

iii. Legal advertising, publication or placement of advertisements by state agency personnel directlywith media sources; (3-29-17)

iv. Property for which competitive solicitation procedures are impractical; (3-20-19)



v. Used property; (3-20-19)

vi. Ongoing maintenance, upgrades, support or additional licenses for software or other informationtechnology solutions, including a change in the manner of solution delivery; which software or solution wasoriginally acquired in compliance with the purchasing laws in effect at the time of acquisition; or (3-20-19)

vii. Acquisition of property for direct resale. (3-20-19)

b. Such policy shall describe the property exempted, the duration of the exemption, and any otherrequirements or circumstances appropriate to the situation. (3-15-02)

043. EMERGENCY PURCHASES.

01. Definition of Emergency Conditions. An emergency condition is a situation that creates a threatto public health, welfare or safety such as may arise by reason of floods, epidemics, riots, equipment failures or othersimilar circumstances. The existence of such condition must create an immediate and serious need for property thatcannot be met through normal acquisition methods. The buyer or the agency official responsible for purchasing shallmake a written determination stating the basis for an emergency purchase and for the selection, if applicable, of theparticular supplier. Such determination shall be sent promptly to the administrator for review and written approvalthat the purchase be undertaken as an emergency purchase. (3-15-02)

02. Conditions. Emergency purchases shall be limited to only that property necessary to meet theemergency. The director or administrator may delegate authority in writing to an agency or purchasing authority tomake emergency purchases of up to an amount set forth in the delegation of authority. (3-29-17)

044. SMALL PURCHASES.

01. Small Purchase Categories. (3-29-17)

a. Exempt. Property expected to cost less than ten thousand dollars ($10,000). (3-29-17)

b. Informal. Purchase of any property expected to cost at least ten thousand dollars ($10,000) and lessthan the sealed procedure limit. (3-29-17)

c. Professional and consultant services. The acquisition of professional or consultant servicesexpected to cost less than the sealed procedure limit, for projects limited to one (1) year in duration. (3-29-17)

02. Procedure. Agencies acquiring property under this rule are encouraged to work with legal counselto develop solicitation and contract terms that serve the best interests of the state. The terms of procurements underthis rule are subject to the provisions of Section 112 of these rules. (3-29-17)

a. Professional and consultant small purchases and exempt small purchases may be acquired as eachagency sees fit, in accordance with good business practice and agency-established policy, in the best interest of thestate, subject to the limitations in Subsection 044.03 of this rule. (3-29-17)

b. Informal small purchases may be made using informal solicitation procedures, subject to thelimitations in Subsection 044.03 of this rule. Unless exempted by the administrator, informal solicitations shall beissued through the division’s electronic procurement (e-procurement) system. The purchasing authority will establishthe quoting time based on factors such as complexity, urgency, and the number and location of vendors, in an effort toallow vendors sufficient time to prepare and return a quote. Agencies procuring property under this rule shallmaintain a purchasing file containing the following: (3-29-17)

i. The solicitation document posted and quotes received. If the acquisition was not publicly posted,the agency shall include a statement in the purchasing file describing the basis for determining posting wasimpractical or impossible, along with the administrator’s authorization. (3-29-17)



ii. If not posted on the division’s e-procurement system, the agency shall document the quotesreceived (or its attempt to obtain quotes) from at least three (3) vendors having a significant Idaho economic presenceas defined in Section 67-2349, Idaho Code. (3-29-17)

03. Limitations. The following limitations apply to all small purchases: (3-29-17)

a. Property available under single agency or open contracts shall be purchased under such contractsand not as a small purchase under this rule unless otherwise authorized by the administrator. (3-29-17)

b. Acquisition requirements shall not be artificially divided to avoid bid statutes, rules or policies.(3-29-17)

c. Small purchases not issued for a fixed price shall include a not to exceed price of no more than theapplicable sealed procedure limit. (3-29-17)

045. SOLE SOURCE PURCHASES.

01. Only a Single Supplier. Sole source purchase shall be used only if the required property isreasonably available from a single supplier. A requirement for a particular proprietary property item does not justify asole source purchase if there is more than one (1) potential supplier that can provide the required property. (3-29-17)

02. Examples of Sole Source. Examples of circumstances that could necessitate a sole source purchaseare: (3-15-02)

a. Where the compatibility of equipment, components, accessories, computer software, replacementparts or service is the paramount consideration. (3-15-02)

b. Where a single supplier’s property is needed for trial use or testing. (3-29-17)

c. Purchase of mass produced movie or video films or written publications distributed or soldprimarily by the publisher. (3-15-02)

d. Purchase of property for which it is determined there is no functional equivalent. (3-15-02)

03. Administrator Makes Determination. The determination as to whether an acquisition shall bemade as a sole source will be made by the administrator. Each request must be submitted in writing by the requestingagency. The administrator may specify the application of such determination and its duration, and may applyadditional conditions to an approval. In cases of reasonable doubt, competition should be solicited. Any request by anagency that an acquisition be restricted to a single supplier shall include a justification for the property, as well as anexplanation as to why no other supplier is acceptable. (3-29-17)

04. Negotiation in Sole Source Purchase. After receipt of authorization from the administrator for asole source purchase, the agency shall conduct negotiations, as appropriate, as to price, delivery and terms, inaccordance with the authorization and in the best interest of the state. (3-29-17)

046. DETERMINATION OF FAIR MARKET PRICE FOR REHABILITATION AGENCYACQUISITIONS.Upon receipt of a rehabilitation agency proposal accompanied by detailed cost data, the administrator will conduct asurvey of the market appropriate for the property being sought. The fair market price of a rehabilitation agency shallnot be greater than one hundred twenty-five percent (125%) of the lowest price received during the survey. Theadministrator will notify by letter the rehabilitation agency concerned advising it as to whether it is offering propertyat fair market price. (3-29-17)

047. -- 050. (RESERVED)

051. CONTENT OF SOLICITATIONS ISSUED UNDER A FORMAL SEALED PROCEDURE.The following shall be included in an invitation to bid or a request for proposals: (3-29-17)



01. Submission Information. Information regarding the applicable closing date, time and location.(3-20-19)

02. Specifications. Specifications developed in accordance with Section 111 of these rules. (3-29-17)

03. Contract Terms. Terms and conditions applicable to the contract, subject to the provisions ofSection 112 of these rules. (3-29-17)

04. Evaluation Criteria. Any evaluation criteria to be used in determining property acceptability. (3-15-02)

05. Trade-In Property. If trade-in property is to be included, a description of the property and locationwhere it may be inspected. (3-15-02)

06. Incorporation by Reference. A brief description of any documents incorporated by reference thatspecifies where such documents can be obtained. (3-15-02)

07. Pre-Proposal or Pre-Bid Conference. The date, time and location of the conference must beincluded in the solicitation. (3-29-17)

052. CHANGES TO INVITATION TO BID OR REQUEST FOR PROPOSALS.A solicitation issued under a formal sealed procedure may be changed by the buyer through issuance of anamendment, provided the change is issued in writing prior to the solicitation closing date and is made available to allvendors receiving the original solicitation. Any material information given or provided to a prospective vendor withregard to a solicitation shall be made available in writing by the buyer to all vendors receiving the originalsolicitation. Oral interpretations of specifications or contract terms and conditions shall not be binding on the stateunless confirmed in writing by the buyer and acknowledged by the purchasing authority prior to the date of theclosing. Changes to the solicitation shall be identified as such and shall require that the vendor acknowledge receiptof all amendments issued. The right is reserved to waive any informality. (3-29-17)

053. -- 060. (RESERVED)

061. FORM OF SUBMISSION FOR SOLICITATIONS ISSUED UNDER A FORMAL SEALEDPROCEDURE.

01. Manual Submissions. Unless otherwise provided in these rules, to receive consideration, inaddition to any specific requirements set forth in the invitation to bid or request for proposals, bids or proposalssubmitted manually must be made on the form provided, which form must be properly completed and signed in ink orcontain an electronic signature as defined in Section 28-50-102, Idaho Code. All changes or erasures on manualsubmissions shall be initialed in ink. Unsigned or improperly submitted bids or proposals will be rejected. Thepurchasing authority assumes no responsibility for failure of the United States Postal Service, any private or publicdelivery service, or any computer or other equipment to deliver all or a portion of the bid or proposal at the time or tothe location required by the solicitation. (4-6-15)

02. Electronic Submissions. To receive consideration, in addition to any specific requirements setforth in the invitation to bid or request for proposals, bids or proposals submitted electronically must be submitted inaccordance with and meet all applicable requirements of these rules and contain an electronic signature as defined inSection 28-50-102, Idaho Code. The purchasing authority assumes no responsibility for failure of any electronicsubmission process, including any computer or other equipment to deliver all or a portion of the bid or proposal at thetime or to the location required by the solicitation. (4-6-15)

062. -- 069. (RESERVED)

070. PRE-PROPOSAL CONFERENCE.All request for proposals will have a pre-proposal conference for vendors and will be conducted by the procurementteam and project personnel. The conference will consist of a general overview of the procurement process as well as



the scope of work and requirements of the solicitation. The procurement team will allow attendees to submit writtenquestions and may provide an opportunity for a verbal question and answer period, provided, however, that onlyquestions submitted and answered in written form and posted to the state’s e-procurement system as an amendment tothe solicitation, will have any force or effect. (3-29-17)

071. PRE-OPENING WITHDRAWAL OR MODIFICATION.Manual submissions may be withdrawn or modified only as follows: Bids or proposals may be withdrawn ormodified prior to the closing by written communication signed in ink by the submitting vendor. Bids or proposalsmay be withdrawn prior to closing in person upon presentation of satisfactory evidence establishing the individual’sauthority to act on behalf of the submitting vendor. Bids or proposals may be withdrawn or modified by electroniccommunication provided the communication is received prior to the closing. The withdrawal or modification, if donevia electronic communication, must be confirmed in a writing signed in ink or containing an electronic signature asdefined in Section 28-50-102, Idaho Code. Any withdrawing or modifying communication, including an electroniccommunication, must clearly identify the solicitation. A modifying communication should be worded so as not toreveal the amount of the original bid or proposal. (4-6-15)

072. LATE BIDS/PROPOSALS, LATE WITHDRAWALS AND LATE MODIFICATIONS.Any bid or proposal, withdrawal, or modification received after the time and date set for closing at the placedesignated in the solicitation is late. No late bid or proposal, late modification or late withdrawal will be considered.All late bids and proposals, other than clearly marked “no bids”, will be returned to the submitting vendor. Time ofreceipt will be determined by the official time stamp or receipt mechanism located at the designated place for receiptof responses. The purchasing authority assumes no responsibility for failure of the United Postal Service, any privateor public delivery service, or any computer or other equipment to deliver all or a portion of the bid or proposal at thetime or to the location required by the solicitation. (3-29-17)

073. RECEIPT, OPENING, AND RECORDING OF BIDS AND PROPOSALS.Upon receipt, all bids, proposals and modifications properly marked and identified will be time stamped, but notopened. They shall be stored in a secure place until the time specified for opening. Time stamping and storage may bethrough electronic means. Bids shall be opened publicly at the date and time specified in the invitation to bid.Proposals shall be opened publicly, identifying only the names of the offerors unless otherwise stated in the requestfor proposals. Bid and proposal openings may be electronic virtual openings. (3-29-17)

074. MISTAKES.The following procedures are established relative to claims of a mistake. (3-15-02)

01. Mistakes in Submission. If a mistake is attributable to an error in judgment, the submission maynot be corrected. Correction or withdrawal by reason of an inadvertent, nonjudgmental mistake is permissible, but atthe discretion of the administrator and to the extent it is not contrary to the interest of the state or the fair treatment ofother submitting vendors. (3-29-17)

02. Mistakes Discovered Before Opening. Mistakes discovered by a vendor prior to closing may becorrected by the submitting vendor by submitting a timely modification or withdrawing the original submission andsubmitting a corrected submission to the purchasing authority before the closing. Vendors who discover a mistakeafter closing but prior to opening may withdraw the submission by written notification to the purchasing authorityand signed by an individual authorized to bind the vendor if such notification is received by the purchasing authorityprior to opening. (4-6-15)

03. Mistakes Discovered After Opening But Before Award. This subsection sets forth procedures tobe applied in three (3) situations described below in which mistakes are discovered after opening but before award.

(3-15-02)

a. Minor Informalities. Minor informalities are matters of form rather than substance evident from thebid or proposal document, or insignificant mistakes that can be waived or corrected without prejudice to othersubmitting vendors, that is, the effect of the mistake on price, quantity, quality, delivery or contractual conditions isnot significant. The buyer may waive such informalities. Examples include the failure of a submitting vendor to:

(3-15-02)



i. Return the required number of signed submissions. (3-15-02)

ii. Sign in ink or provide an electronic signature, but only if it is clear from the submission that thesubmitting vendor intended to be bound by its terms. (3-20-19)

iii. Acknowledge the receipt of an amendment, but only if: (3-29-17)

(1) It is clear from the submission that the submitting vendor received the amendment and intended tobe bound by its terms; or (3-29-17)

(2) The amendment involved had a negligible effect on price, quantity, quality or delivery. (3-29-17)

b. Mistakes Where Intended Submission is Evident. If the mistake and the intended submission areclearly evident on the face of the document, the submission shall be corrected to the intended submission and may notbe withdrawn. Examples of mistakes that may be clearly evident on the face of the document are typographical errors,errors in extending unit prices (unit prices will always govern in event of conflict with extension), transposition errorsand arithmetical errors. (3-15-02)

c. Mistakes Where Intended Submission is not Evident. A vendor may be permitted to withdraw a lowbid if: (3-15-02)

i. A mistake is clearly evident on the face of the submission document but the intended submission isnot similarly evident; or (3-15-02)

ii. The vendor submits timely proof of evidentiary value that clearly and convincingly demonstratesthat a mistake was made. (3-15-02)

04. Mistakes Discovered After Award. Mistakes shall not be corrected after award of the contract.(3-15-02)

05. Written Approval or Denial Required. In the event of a mistake discovered after the openingdate, the administrator shall approve or deny, in writing, a request to correct or withdraw a submission. (3-15-02)

075. -- 080. (RESERVED)

081. EVALUATION AND AWARD.Any contract award shall comply with these provisions. (3-15-02)

01. General. The contract is to be awarded to the lowest responsible and responsive bidder or offeror(or for requests for quotes, vendor submitting a quote). The solicitation shall set forth the requirements and criteriathat will be used to make the lowest responsive and responsible determination. (3-29-17)

02. Standards of Responsibility. Nothing herein shall prevent the buyer from establishing additionalresponsibility standards for a particular purchase. Factors to be considered in determining whether a vendor isresponsible include, but are not limited to, whether the vendor has: (3-29-17)

a. Available the appropriate financial, material, equipment, facility and personnel resources andexpertise, or the ability to obtain them, necessary to indicate capability to meet all contractual requirements;

(3-15-02)

b. A satisfactory record of integrity; (3-15-02)

c. Qualified legally to contract with the purchasing authority and qualified to do business in the stateof Idaho; (3-29-17)

d. Unreasonably failed to supply any necessary information in connection with the inquiry concerningresponsibility; (3-15-02)



e. Requisite experience; or (3-29-17)

f. A satisfactory prior performance record, if applicable. (3-29-17)

03. Information Pertaining to Responsibility. A submitting vendor shall supply informationrequested by the buyer concerning its responsibility. If such submitting vendor fails to supply the requestedinformation, the buyer shall base the determination of responsibility upon any available information or may find thesubmitting vendor nonresponsible if such failure is unreasonable. (3-15-02)

04. Written Determination of Nonresponsibility Required. If a submitting vendor that otherwisewould have been awarded a contract is found nonresponsible, a written determination of nonresponsibility settingforth the basis of the finding shall be prepared by the buyer. (3-15-02)

05. Extension of Time for Acceptance. After opening, the buyer may request submitting vendors toextend the time during which their bids or proposals may be accepted. The reasons for requesting such extension shallbe documented. (3-29-17)

06. Partial Award. A buyer shall have the discretion to award on an all or nothing basis or to acceptany portion of a response to a solicitation, excluding other portions of a response and other offers, unless the vendorstipulates all or nothing in its response to the solicitation. (3-29-17)

07. Only One Submission Received. If only one (1) responsive submission is received in response toa solicitation, an award may be made to the single submitting vendor. In addition, the buyer may pursue negotiationsin accordance with applicable conditions and restrictions of these rules. Otherwise, the solicitation may be canceled,and a new solicitation issued, as the purchasing authority determines to be in its best interest. (3-29-17)

082. TIE RESPONSES.

01. Tie Responses -- Definition. Tie responses are low responsive bids, proposals or quotes fromresponsible bidders or offerors (or for requests for quotes, from vendors submitting a quote) that are identical in priceor score. Responsibility is determined based upon the standards of responsibility set forth in Section 081 of theserules. (3-29-17)

02. Award. Award shall not be made by drawing lots, except as set forth below, or by dividing businessamong tie responses. In the discretion of the buyer, award shall be made in any permissible manner that will resolvetie responses. Procedures that may be used to resolve tie responses include: (3-29-17)

a. If price is considered excessive or for another reason such responses are unsatisfactory, reject allresponses, resolicit and seek a more favorable contract in the open market or enter into negotiations pursuant toSection 084 of these rules; (3-29-17)

b. Award to an Idaho resident or an Idaho domiciled vendor or for Idaho produced property whereother tie response(s) are from out of state or to a vendor submitting a domestic property where other tie responses arefor foreign (external to Idaho) manufactured or supplied property; (3-29-17)

c. Where identical low responses include the cost of delivery, award the contract to the vendor located(or shipping from a point) farthest from the point of delivery; (3-29-17)

d. Award to the vendor with the earliest delivery date. (3-29-17)

03. Drawing Lots. If no permissible method will be effective in resolving tie responses and a writtendetermination is made so stating, award may be made by drawing lots or tossing a coin in the presence of witnesses ifthere are only two (2) tie responses. (3-29-17)

083. PROPOSAL DISCUSSION WITH INDIVIDUAL OFFERORS.



01. Classifying Proposals. For the purpose of conducting proposal discussions under this rule,proposals shall be initially classified as: (3-15-02)

a. Acceptable; (3-15-02)

b. Potentially acceptable, that is reasonably susceptible of being made acceptable; or (3-15-02)

c. Unacceptable. (3-15-02)

02. “Offerors” Defined. For the purposes of this rule, the term “offerors” includes only those vendorssubmitting proposals that are acceptable or potentially acceptable. The term shall not include vendors that submittedunacceptable proposals. (3-29-17)

03. Classification of Proposals. For the purposes of this rule, the purchasing authority may establishcriteria within the solicitation to classify proposals. (3-20-19)

04. Purposes of Discussions. Discussions are held to facilitate and encourage an adequate number ofpotential offerors to offer their best proposals, by amending their original offers, if needed. (3-15-02)

05. Conduct of Discussions. The solicitation document must provide for the possibility of discussions.Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revisions ofproposals. The buyer should establish procedures and schedules for conducting discussions. If during discussionsthere is a need for clarification or change of the request for proposals, it shall be amended to incorporate suchclarification or change. Auction techniques (revealing one offeror’s price to another) and disclosure of anyinformation derived from competing proposals are prohibited. Any oral clarification or change of a proposal shall bereduced to writing by the offeror. (3-15-02)

06. Best and Final Offer. The buyer shall establish a common time and date for submission of bestand final offers. Best and final offers shall be submitted only once unless the buyer makes a written determinationbefore each subsequent round of best and final offers demonstrating another round is in the purchasing authority’sinterest, and additional discussions will be conducted or the requirements will be changed. Otherwise, no discussionof, or changes in, the best and final offers shall be allowed prior to award. Offerors shall also be informed that if theydo not submit a notice of withdrawal or another best and final offer, their immediate previous offer will be construedas their best and final offer. (3-29-17)

07. Application to Other Solicitation Types. The provisions of this Section 083 may be utilized inother types of solicitations, in addition to requests for proposals, so long as the solicitation document provides for thepossibility of discussions and includes a reference to this section. (3-29-17)

084. NEGOTIATIONS.In accordance with Section 67-9205(12), Idaho Code, the administrator may negotiate acquisitions as follows:

(3-15-02)

01. Use of Negotiations. Negotiations may be used under these rules when the administratordetermines in writing that negotiations may be in the best interest of the state including but not limited to thefollowing circumstances: (3-20-19)

a. Negotiations undertaken pursuant to a solicitation for competitive negotiation, in accordance withthe provisions of Section 094 of these rules. (3-20-19)

b. A competitive solicitation has been unsuccessful because, without limiting other possible reasons,all offers are unreasonable, noncompetitive or all offers exceed available funds and the available time andcircumstances do not permit the delay required for resolicitation; (3-15-02)

c. There has been inadequate competition; (3-29-17)

d. During the evaluation process it is determined that more than one (1) vendor has submitted an



acceptable proposal or bid and negotiations could secure advantageous terms or a reduced cost for the state; or(3-29-17)

e. During the evaluation process it is determined that all responsive offers exceed available funds andnegotiations could modify the requirements of the solicitation to reduce the cost to available funds and avoid theextended time and expenditure of resources for a resolicitation. (3-29-17)

02. Examples. Examples of situations in which negotiations may be appropriate include but are notlimited to: (3-29-17)

a. Ensuring that the offering vendor has a clear understanding of the scope of work required and therequirements that must be met; (3-15-02)

b. Ensuring that the offering vendor will make available the required personnel and facilities tosatisfactorily perform the contract; or (3-15-02)

c. Agreeing to any clarifications regarding specifications or contract terms. (3-29-17)

03. Conditions of Use. Negotiations, as permitted by Paragraph 084.01.d. of this rule, are subject tothe following: (3-20-19)

a. The solicitation must specifically allow for the possibility of negotiation and describe, with asmuch specificity as possible, how negotiations may be conducted; (3-15-02)

b. Submissions shall be evaluated and ranked based on the evaluation criteria in the solicitation;(3-15-02)

c. Only those vendors whose proposals or bids are determined to be acceptable, in accordance withcriteria for negotiations set forth in the solicitation, shall be candidates for negotiations; (3-15-02)

d. Negotiations shall be conducted first with the vendor that is the apparent low responsive andresponsible bidder, unless concurrent negotiations are permissible, in accordance with the terms of the solicitation;

(3-20-19)

e. If one (1) or more responsive offers does not exceed available funds, negotiations shall be againstthe requirements of and criteria contained in the solicitation and shall not materially alter those criteria or thespecifications; (3-29-17)

f. Auction techniques (revealing one vendor’s price to another) and disclosure of information derivedfrom competing proposals is prohibited; (3-15-02)

g. Any clarifications or changes resulting from negotiations shall be documented in writing;(3-15-02)

h. If the parties to negotiations are unable to agree, the administrator shall formally terminatenegotiations and may undertake negotiations with the next ranked vendor; and (3-15-02)

i. If negotiations as provided for in this rule fail to result in a contract, as determined by theadministrator, the solicitation may be canceled and the administrator may negotiate in the best interest of the statewith any qualified vendor. (3-15-02)

04. Timing of Use. If conducted as part of a small purchase or under the formal sealed procedure,negotiations are the last step in the procurement process. Use of oral interviews or best and final procedures, asprovided for in a solicitation, must precede negotiations as provided for in this rule, unless the administrator makes awritten determination that it is in the state’s best interest to proceed directly to negotiations in lieu of first conductingoral interviews and the best and final procedures. (3-20-19)

05. Termination of Negotiations. The purchasing authority may terminate negotiations at any time, in



the best interest of the state. (3-20-19)

085. PRICE AGREEMENTS.The administrator may authorize and negotiate price agreements with vendors when such agreements are deemed inthe best interest of the state. Price agreements shall provide for termination for any reason upon not more than thirty(30) days’ written notice. Price agreements may be in the best interest of the state when: (3-29-17)

01. Dollar Value. The dollar value of individual procurements of property is less than the maximumdollar value of an exempt small purchase under Section 044 of these rules and multiple individual procurements areanticipated within a state of Idaho fiscal year; (3-29-17)

02. Property. The property may not be conducive to standard competitive bidding procedures;(3-29-17)

03. Multiple Agreements. There exists a need to establish multiple agreements with vendorssupplying property that is similar in nature or function but is represented by different manufacturers or needed inmultiple locations; or (3-29-17)

04. Non-exclusive Agreements. Non-exclusive agreements for periods not exceeding two (2) years aredeemed necessary to establish consistent general business terms, including without limitation, price, use of catalogs,delivery or credit terms. (3-29-17)

086. -- 090. (RESERVED)

091. ACCEPTANCE OR REJECTION OF BIDS AND PROPOSALS.Prior to the issuance of a contract, the administrator shall have the right to accept or reject all or any part of a bid orproposal or any and all bids or proposals when: (3-29-17)

01. Best Interest. It is in the best interests of the state of Idaho; (3-15-02)

02. Does Not Meet Specifications. The submission does not meet the minimum specifications;(3-15-02)

03. Not Lowest Responsible Bid. The submission is not the lowest responsible submission; (3-15-02)

04. Bidder Is Not Responsible. A finding is made based upon available evidence that a submittingvendor is not responsible or otherwise capable of currently meeting specifications or assurance of ability to fulfillcontract performance; or (3-15-02)

05. Deviations. The item offered deviates to a major degree from the specifications, as determined bythe administrator (minor deviations, as determined by the administrator, may be accepted as substantially meeting therequirements of the state of Idaho). Deviations will be considered major when such deviations appear to frustrate thecompetitive process or provides a submitting vendor an unfair advantage. (3-15-02)

092. CANCELLATION OF SOLICITATION.Prior to the issuance of a contract, the purchasing authority reserves the right to reject all bids, proposals or quotes orto cancel a solicitation. In the event of the cancellation of an invitation to bid or request for proposals, all submittingvendors will be notified. Examples of reasons for cancellation are: (3-29-17)

01. Inadequate or Ambiguous Specifications. (3-15-02)

02. Specifications Have Been Revised. (3-15-02)

03. Cancellation Is in the Best Interest of the State. (3-29-17)

093. NOTICE OF REJECTION.Bidders or offerors whose bids or proposals are rejected as non-responsive will be notified in writing of the reasons



for such rejection. (3-15-02)

094. COMPETITIVE NEGOTIATIONS.Notwithstanding the provisions of Section 041 of these rules applicable to the formal sealed procedure, theadministrator may authorize the use of competitive negotiations when it is determined that the use of negotiationsmay enable the state to more effectively identify and refine potential solutions, especially where the business need iscomplex or requires innovation. (3-20-19)

01. Written Authorization. The administrator shall establish guidelines on how and when agenciesmay request to use competitive negotiations. Requests for authorization to utilize competitive negotiations must beprovided in writing, in a format designated by the administrator. The request must provide the reasons that a formalsealed procedure is not practicable; as well as support for the use of competitive negotiations in order to meet acomplex business need, solicit innovative solutions, enable the state to keep within approved program budgets, or tootherwise facilitate the receipt of the most cost-effective solution. Written authorization must be provided by theadministrator in order for a purchasing authority to use competitive negotiations under this rule. (3-20-19)

02. Form of Solicitation. Proposals under this rule shall be solicited pursuant to an invitation tonegotiate. (3-20-19)

03. Applicability of Other Rules. An invitation to negotiate shall be subject to the rules applicable toa request for proposals, except as otherwise provided. Modifications under Section 072 of these rules will be allowedafter closing to the extent authorized within the invitation to negotiate. Section 083 of these rules, proposal discussionwith individual offerors, shall not apply to an invitation to negotiate. (3-20-19)

04. Content of Solicitation for Competitive Negotiation. Notwithstanding Section 051 of these rules,the following shall be included in an invitation to negotiate: (3-20-19)

a. Submission Information. Information regarding the applicable closing date, time and location.(3-20-19)

b. Solicitation Procedure. An outline of the invitation to negotiate process. (3-20-19)

c. Specifications. Specifications developed in accordance with Section 111 of these rules, to theextent the purchasing authority determines adequate to inform interested vendors of the desired result. (3-20-19)

d. Contract Terms. Terms and conditions applicable to the contract, subject to the provisions ofSection 112 of these rules. (3-20-19)

e. Trade-In Property. If trade-in property is to be included, a description of the property and locationwhere it may be inspected. (3-20-19)

f. Incorporation by Reference. A brief description of any documents incorporated by reference thatspecifies where such documents can be obtained. (3-20-19)

g. Pre-Proposal or Pre-Bid Conference. The date, time and location of the conference must beincluded in the solicitation. (3-20-19)

h. Evaluation and Award Criteria. A summary of evaluation criteria to be used in determiningproperty acceptability; evaluation criteria to classify proposals and determine the competitive threshold fornegotiations; as well as the criteria that will be used to make the lowest responsive and responsible determination.

(3-20-19)

05. Cost. The buyer may request cost proposals at any time during the invitation to negotiate process;and may elect to request cost proposals only from those offerors determined to be in the competitive range for award(“finalists”), in accordance with the instructions contained within the solicitation. (3-20-19)

06. Conduct of Negotiations. Negotiations shall be conducted in accordance with the procedure



outlined in the invitation to negotiate, which may include multiple iterations of submissions and discussions in orderto classify proposals; allow for revisions to the solicitation proposal(s), including any requirements, terms, conditionsor specifications; and to determine finalists. The negotiation process ends upon submission of the best and finaloffer(s) from the finalists, after which time vendors shall not be allowed to make further modifications to theirproposal(s). (3-20-19)

095. -- 100. (RESERVED)

101. LEASES.

01. Lease for Personal Property. A lease for personal property may be entered into provided the leaseis subject to the same requirements of competition that govern the purchase of property. Leases for periods exceedingone (1) year specifically require the approval of the administrator. (3-15-02)

02. Lease Purchase Option. Unless a specific exemption is granted by the administrator or unlessotherwise exempt by these rules, a lease purchase option may be exercised only if the lease containing the purchaseoption was awarded using the competitive process. Before exercising such an option, the buyer shall meet allapplicable requirements of Section 67-9222, Idaho Code, including providing notice of the exercise of option as asole source or competitively bidding the property by soliciting bids for new or used property. (3-15-02)

102. -- 110. (RESERVED)

111. SPECIFICATIONS -- POLICIES AND DEVELOPMENT.

01. Purpose. Unless exempted by these rules or by the administrator, all solicitations requirespecifications. Specifications set forth the characteristics of the property to be acquired. Specifications serve as thebasis for obtaining property adequate and suitable for the using agency’s needs in a cost effective manner, taking intoaccount the costs of ownership and operation as well as initial acquisition costs. Specifications shall be drafted clearlyto describe the agency’s needs and to enable the vendors to determine and understand the agency’s requirements.Specifications shall, as much as practical, be nonrestrictive to provide an equal basis for participation by an optimumnumber of vendors and to encourage competition. This information may be in the form of a description of thephysical, functional or performance characteristics, a reference brand name or both. It may include a description ofany required inspection, testing or preparation or delivery. Specifications may be incorporated by reference orcontained in an attachment. (3-29-17)

02. Use of Functional or Performance Descriptions. Specifications shall, to the extent practicable,emphasize functional or performance criteria while limiting design or other detailed physical descriptions to thosenecessary to meet the needs of the agency. To facilitate the use of such criteria, using agencies shall endeavor toinclude as a part of purchase requisitions their principal functional or performance needs. (3-15-02)

03. Preference for Commercially Available Products. Requirements shall be satisfied by standardcommercial products whenever practicable. (3-15-02)

04. Brand Name or Equal Specification. (3-15-02)

a. A brand name or equal specifications may be used when the buyer determines that such aspecification is in the agency’s best interest. (3-15-02)

b. A brand name or equal specification shall seek to designate as many different brands as arepracticable as “or equal” and shall state that products substantially equivalent to those designated will be consideredfor award. (3-15-02)

c. Unless the buyer authorized to finally approve specifications determines that the essentialcharacteristics of the brand names included in the specifications are commonly known in the industry or trade, brandname or equal specifications shall include a description of the particular design and functional or performancecharacteristics required. (3-15-02)



d. Where a brand name or equal specification is used, the document shall contain explanatorylanguage that the use of a brand name is for the purpose of designating the standard of quality, performance, andcharacteristics desired and is not intended to restrict competition. (3-15-02)

05. Brand Name Specification. (3-15-02)

a. Since use of a brand name specification is restrictive, such a specification may only be used whenthe administrator or designee makes a written determination. Such determination may be in any form, such as apurchase evaluation or a statement of single manufacturer justification. The written statement must state specificreasons for use of the brand name specification. (3-15-02)

b. The administrator shall seek to identify sources from which the designated brand name item oritems can be obtained and shall solicit such sources to achieve whatever degree of competition is practicable. If onlyone (1) source can supply the requirement, the acquisition shall be made under Section 67-9221, Idaho Code.

(3-15-02)

06. Specification of Alternates May Be Included. A specification may provide alternate descriptionsof property where two (2) or more design, functional or performance criteria will satisfactorily meet the agency’srequirements. (3-15-02)

112. CONTRACT TERMS - POLICIES AND LIMITATIONS.

01. Prohibited Terms. Purchasing authorities do not have the authority to bind the state of Idaho or anagency to the following terms. If a contract contains such a term, the term shall be void pursuant to Section 67-9213,Idaho Code. (4-6-15)

a. Terms waiving the sovereign immunity of the state of Idaho. (4-6-15)

b. Terms subjecting the state of Idaho or its agencies to the jurisdiction of the courts of other states.(4-6-15)

c. Terms limiting the time in which the state of Idaho or its agencies may bring a legal claim under thecontract to a period shorter than that provided in Idaho law. (4-6-15)

d. Terms imposing a payment obligation, including a rate of interest for late payments, less favorablethan the obligations set forth in Section 67-2302, Idaho Code. (4-6-15)

02. Terms Requiring Special Consideration. (4-6-15)

a. Unless specifically authorized by the Idaho legislature, terms requiring an agency or the state ofIdaho indemnify a vendor shall be subject to the provisions of Section 59-1015, Idaho Code, and require anappropriation by the Idaho legislature. Indemnification terms not specifically authorized by the Idaho legislature orsubject to appropriation shall be void pursuant to Section 67-9213, Idaho Code, and Section 59-1016, Idaho Code.

(4-6-15)

b. Purchasing authorities shall consult with legal counsel prior to accepting terms submitting thecontract to arbitration or waiving the state of Idaho's right to a jury trial. (4-6-15)

113. CONTRACT OVERSIGHT.

01. Contract Management and Contract Administration. (3-29-17)

a. Agencies which issue their own contracts pursuant to their delegated authority (or as otherwiseexempt from the requirements of these rules) will be responsible for all aspects of contract management and contractadministration, as those terms are defined in Section 011 of these rules. (3-29-17)

b. When the division of purchasing issues a contract on behalf of an agency, in its role as the state’s



contracting agent, the division of purchasing is responsible for contract administration and the agency is responsiblefor contract management. (3-29-17)

02. Contract Management. Each state agency which manages one (1) or more contracts, whetherentered into directly by the agency or by the division of purchasing acting as the statutory purchasing agency for theagency, will perform the following minimum contract management functions at a level consistent with the dollarvalue, complexity, and risk associated with each contract (3-29-17)

a. Designate a competent contract manager as the single point of contact for each agency contract;(3-29-17)

b. Document the contract manager’s responsibilities and reporting requirements relative to thecontract, including activities such as management of the invoice and payment process, budget tracking, and invoicereview and reconciliation with contract requirements and deliverables, to ensure compliance; (3-29-17)

c. Document a communication and escalation plan, as between the contract manager, identifiedagency personnel and the contract administrator, designed to ensure timely and effective contract monitoring andissue resolution (the communication and escalation plan must include the division of purchasing for contracts forwhich the division of purchasing is acting as the statutory purchasing agent for the agency); (3-29-17)

d. Develop and implement internal contract monitoring tools, including a reporting structure, basedon the dollar value and/or potential risk associated with contract failure; and (3-29-17)

e. Close out each contract, including, but not limited to documenting receipt of goods or services incompliance with contract requirements as well as a review of vendor performance and lessons learned. (3-29-17)

03. Service Contracts Exceeding $1,500,000 in Total Value. For each contract which is valued atmore than one million five hundred thousand dollars ($1,500,000) over the duration of the contract and whichconsists primarily of the purchases of services, the agency responsible for contract management must develop andimplement contract reporting requirements that capture, at a minimum, information on compliance with financialprovisions and delivery schedules; the status of any corrective action plans; as well as any liquidated damagesassessed or collected under the contract during the current reporting period. Reports will be submitted to thedesignated agency purchasing representative as well as the division of purchasing on no less than a biannual basis,with a schedule for each contract determined by the contract manager in consultation with the agency purchasingrepresentative and the division of purchasing. (3-29-17)

114. INFORMATION TECHNOLOGY RESALE.

01. Purpose. The use of resellers is common in the acquisition of information technology; however,the use of a reseller to acquire information technology attempts to separate the application of the State ProcurementAct from the contract terms required by the information technology owner for use of the information technology. Therequirements of this rule are in place to apply Idaho law to the contract terms required by the information technologyowner, when information technology is acquired through a reseller. (3-20-19)

02. Terms. All license, sale, or use terms imposed by the information technology owner shall besubject to the following: (3-20-19)

a. Licensing, sale, or use terms required by a third party owner of information technology soldthrough a reseller shall be subject to these rules, specifically including Subsection 112.01 and Paragraph 112.02.a. ofthese rules. If a contract contains a term prohibited by Section 112 of these rules, the term shall be void pursuant toSection 67-9213, Idaho Code. (3-20-19)

115. -- 999. (RESERVED)


IDAPA 38TITLE 05

CHAPTER 02

38.05.02 – RULES GOVERNING CONTESTED CASE HEARINGS ON BID APPEALS AT THE DIVISION OF PURCHASING

000. LEGAL AUTHORITY.The following rules are promulgated in accordance with Sections 67-9205(11), Idaho Code. (4-2-08)


01. Title. These rules are titled IDAPA 38.05.02, “Rules Governing Contested Case Hearings on BidAppeals at the Division of Purchasing.” (4-2-08)

02. Scope. Pursuant to Section 67-9232(3)(a)(iii), Idaho Code, the director may appoint adeterminations officer to conduct a contested case hearing. These rules govern the contested case hearing process.

(4-2-08)

002. WRITTEN INTERPRETATIONS.In accordance with Section 67-5201(19)(b)(iv), Idaho Code, this agency may have written statements that pertain tothe interpretation of these rules or to the documentation of compliance with these rules. Any such documents areavailable for public inspection and copying at the office of this agency. (4-2-08)

003. CONTESTED CASE HEARINGS.The provisions found in Sections 031 through 043 of these rules govern contested case hearings. (4-2-08)

004. EXEMPTION FROM ATTORNEY GENERAL’S ADMINISTRATIVE PROCEDURE RULES FORCONTESTED CASES.Pursuant to Section 67-5206(5), Idaho Code, except as provided in these rules, the procedures contained inSubchapter B, “Contested Cases,” of the rules promulgated by the Attorney General as IDAPA 04.11.01, Sections100 through 799, do not apply to contested case hearings. (4-2-08)

005. REASONS FOR EXEMPTION FROM ATTORNEY GENERAL’S ADMINISTRATIVEPROCEDURE RULES.To prevent unnecessary delays and increased costs in the acquisition of needed property by state agencies, the rules ofprocedure in this chapter are adopted to promote the speedy resolution of bid appeals. (4-2-08)

006. INCORPORATION BY REFERENCE.There are no documents incorporated by reference in this chapter. (4-2-08)

007. OFFICE – OFFICE HOURS – MAILING -- STREET ADDRESS -- WEB ADDRESS.The Division of Purchasing is located at 304 N. 8th Street, Room 403, Boise, ID 83702-5818. The division’s mailingaddress is P.O. Box 83720, Boise, ID 83720-0075. Office hours are 8 a.m. to 5 p.m., Monday through Friday, exceptstate holidays. The Division’s website address is http://adm.idaho.gov (4-2-08)

008. PUBLIC RECORDS ACT COMPLIANCE.All rules contained in this chapter are subject to and in compliance with the Idaho Public Records Act (Title 74,Chapter 1, Idaho Code). (4-2-08)

009. (RESERVED)

010. DEFINITIONS.

01. Administrator. The administrator of the Division of Purchasing. (4-2-08)

02. Bidder. The person or entity appealing in the contested case hearing. (4-2-08)

03. Determinations Officer. The person designated by the director to conduct a contested case hearing


IDAHO ADMINISTRATIVE CODE IDAPA 38.05.02 – Rules Governing Contested CaseDepartment of Administration Hearings on Bid Appeals at the Division of Purchasing


pursuant to Section 67-59232(3)(a)(iii), Idaho Code. (4-2-08)

04. Director. The director of the Department of Administration. (4-2-08)

011. -- 030. (RESERVED)

031. FILING OF APPEAL.The notice of appeal must be filed in accordance with Section 67-9232(3)(a)(iii), Idaho Code. (4-2-08)

032. NOTICE OF CONTESTED CASE HEARING.A notice of a contested case hearing shall be provided to the bidder, giving at least ten (10) days’ advance notice ofthe contested case hearing. The contested case hearing will be held in Ada County, at such place as may be designatedin the hearing notice. Upon concurrence of the parties and the determinations officer, contested case hearings may beconducted telephonically. (4-2-08)

033. BRIEFS AND MEMORANDA.Any party may make a request in writing to the determinations officer to file briefs, memoranda, proposed orders orstatements of position and the determinations officer shall grant or deny such request as the determinations officerdeems appropriate under the circumstances of a particular case. The determinations officer may request briefs,memoranda, proposed orders, or statements of position. (4-2-08)

034. RULES OF EVIDENCE.The determinations officer shall control the hearing and direct the order or presentation. A party shall be entitled tointroduce evidence, examine and cross-examine witnesses, make arguments, and generally participate in the conductof the proceedings. (4-2-08)

035. ADMISSION OF EVIDENCE.The admission of evidence at contested case hearings shall be governed by IDAPA 04.11.01, “Idaho Rules ofAdministrative Procedure of the Attorney General,” Sections 600 through 609. (4-2-08)

036. TESTIMONY.Testimony to be considered by the determinations officer in the hearing shall be by sworn testimony, except formatters noticed or entered by stipulation. (4-2-08)

037. DISCOVERY.Discovery may be conducted in the manner and to the extent allowed by the Idaho Rules of Civil Procedure only iffirst formally agreed to by the parties, or by order of the determinations officer after an application has been filed anda showing that discovery is required to clarify issues, identify witnesses, or preserve testimony. The order may limitthe scope of discovery and the method of discovery as the determinations officer deems appropriate under thecircumstances of a particular case. (4-2-08)

038. RECORDING AND TRANSCRIPTION.The hearing will be recorded by electrical device. A written transcript will be produced by the department uponrequest of either party. A bidder requesting such transcript shall be responsible for the cost of the transcript. Any partywishing to have the hearing recorded by a qualified court reporter must request such no less than five (5) businessdays in advance of the date set for hearing. The requesting party shall pay the cost of the reporter’s fees and shallprovide a copy to the determinations officer. The non-requesting party may pay for an additional copy for its own use.

(4-2-08)

039. WITNESSES AND EVIDENCE.The determination officer, on his own or upon application of the bidder or the Department of Administration, mayissue subpoenas for the attendance of witnesses and production of documents. (4-2-08)

040. FINDINGS OF FACT AND CONCLUSIONS OF LAW.Once the matter is fully submitted, the determinations officer shall issue findings of fact, conclusions of law andpreliminary order. Copies shall be provided to all parties. (4-2-08)

IDAHO ADMINISTRATIVE CODE IDAPA 38.05.02 – Rules Governing Contested CaseDepartment of Administration Hearings on Bid Appeals at the Division of Purchasing


041. FINAL ORDER.Upon receipt of the determination officer’s preliminary order, the director shall issue a final order affirming,modifying, or reversing the original selection determination. Copies shall be provided to all parties. (4-2-08)

042. MOTIONS FOR RECONSIDERATION.Motions for reconsideration of the determination officer’s preliminary order or of the Director’s final order are notallowed. (4-2-08)

043. APPEALS.Appeals from the final order shall be taken in accordance with Section 67-5270, Idaho Code. (4-2-08)

044. -- 999. (RESERVED)

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